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Crash destroyed her life, justice deserted her

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Ms Hellen Mueni,  who lost both her hands in a road accident in 2001, is totally dependent on others. Although she was awarded Sh8,280,000 by the courts, she is yet to receive it. Photos/HEZRON NJOROGE

Ms Hellen Mueni, who lost both her hands in a road accident in 2001, is totally dependent on others. Although she was awarded Sh8,280,000 by the courts, she is yet to receive it. Photos/HEZRON NJOROGE  

By  JOHN NGIRACHU
Posted  Sunday, February 7  2010 at  20:00

In Summary

  • She lost hands, teeth and broke her skull nine years ago but is yet to be paid for loss

Before the accident, Ms Hellen Mueni, 60, was a farmer and weaver.

Weaving baskets was a way not just of making a little more money, but also a pleasurable way of passing the time when she was not working in her garden in Matuu, Machakos.

On the evening of September 24, 2001, a speeding matatu on the Thika-Garissa road hit a hippopotamus and rolled.

Ms Mueni was in that matatu. She lost the limbs on which her life depended on — her two hands. She also broke her skull and lost teeth. The left side of her face was almost entirely smashed. Today, the eye is half-shut and she tilts her face when she wants to have a good look at someone.

Without hands, her life is as shattered as her body. She speaks of the last basket she was weaving before she lost her hands. She gave it to her sister to finish it for her.

Now she is not only living in shocking poverty, she is also totally dependent. She can’t feed herself or wear clothes without assistance. And of course she can’t weave to while away the endless monotony of empty days.

She must have someone by her side all the time to feed her, clean, dress and take her to the bathroom. She even needs someone to turn on the radio for her.

Her only hope of having something like a life of dignity was the Sh8,280,000 she considers her rightful compensation for her loss. After endless years in the courts, she is still to see a penny of it.

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Her story shows the depth of horror into which road accidents are tossing Kenyans of all walks of life and how pitilessly slow the wheels of justice turn.

Her case for compensation was thrown out on October 28, 2005, by the High Court sitting in Embu. She had sued the driver of the matatu and its owner, who had passed the case on to their insurer.

“I was very confused when the person I had sent for the judgement said liability had not been proven against the two and the case had been dismissed,” said her lawyer, Mr Ochieng’ Omolo.

Later, as they sat in Mr Omolo’s office in Nairobi, she told her lawyer to file an appeal. Even as the judge in Nyeri was dismissing it, he had determined that were she to be paid for her loss, she would be entitled to Sh8,280,000.

“She was very hopeful about it all, which surprised me because she had gone through a lot and we were familiar with her needs and knew her circumstances,” said Mr Omolo.

Ms Mueni lives in a single room with her two daughters and their children. On the day the Nation visited, she was waiting for her son to come and feed her.

But she had the love and comfort of her two-and-half year-old granddaughter, who fusses over her as she takes the interview.

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Add a comment (17 comments so far)

  1. Submitted by mosee254

    This is another case of the sorry judicial sytem in Kenya what would be more sad is if this is the last we read about this womans life the media should not stop until this lady gets justice.

    Posted  February 09, 2010 06:44 PM  
  2. Submitted by precie

    such a case should be represented to Raila omolo ondinga and should be hidden from kibaki.secondly the judge who threw his case at Embu should be investigated and if found corrupt cut 4 of his limbs.thirdly just as govt is pushing on all matatu having insuarance should also ensure victims are compensated sufficiently.

    Posted  February 09, 2010 06:25 PM  
  3. Submitted by njeridiva

    instead of the govt establishing more posts for themselves and their cronies they need to concider establishing a social security system in kenya and a disability system like in developed countries.people like this lady that have been paying taxes all their lives should be able to depend on govt support now that they are disabled.lakini all they think about is new priases and increased salaries...

    Posted  February 09, 2010 06:17 PM  
  4. Submitted by bawannajack

    Please daily nation, follow this ladies story and cause an uproar the government and insurance industry can't deny. This is typical bullying by insurance companies towards people who can't defend them selves. SHAME!

    Posted  February 09, 2010 04:57 PM  
  5. Submitted by jirani

    The media should cover this and make sure that Ms Mueni is compensanted.

    Posted  February 09, 2010 01:20 PM  

See all 17 comments