Former Loreto Convent Msongari pupil sues school over accident

Rael Lubasi (left) and her daughter Madikizela Otieno, a first year law student in the UK, in a Nairobi court on July 27, 2017. Ms Otieno is seeking Sh26 million compensation. PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • Ms Otieno, 19, told Mr Justice Richard Mwongo that her schoolmates asked the headmistress whether they could use two buses.
  • Two pupils died while 69 others and seven teachers were injured.

A former Loreto Convent Msongari pupil on Wednesday narrated how she and her schoolmates were involved in a road accident six years ago.

Ms Madikizela Otieno, a law student at the University of Nottingham in the UK, said she was dropped off at school in the morning on July 29, 2011 by her mother for a Standard 7 and 8 trip.

Ms Otieno, 19, told Mr Justice Richard Mwongo that her schoolmates asked the headmistress whether they could use two buses.

But the headteacher, who was also on the trip, insisted on using one, which was overcrowded.

ACCIDENT

The first year university student said the pupils visited two factories in Meru County and were proceeding with their journey when the accident occurred in Buuri Sub-County at 6 pm.

“I remember hearing screeches as the driver tried to apply brakes,” said Ms Otieno, adding that the bus rolled several times.

Three pupils died while 69 others and seven teachers were injured.

The accident occurred along the steep Subuiga slope on the Meru-Nanyuki road.

SH26 MILLION

“I was admitted to Nairobi Hospital for 42 days and referred to Bupa Cromwell Hospital in London,” said Ms Otieno, who has sued the school management and the bus driver for Sh26 million in compensation.

According to Ms Otieno, she sustained extensive injuries on the head, face and right arm and had to undergo several surgeries.

He doctors, she added, later recommended that she undergoes further treatment in the UK.

“I was admitted at Nairobi hospital for 42 days and was later referred to Bupa Cromwell Hospital in London,” she said.

She told Justice Mwongo that she also testified in a case where the bus driver Patrick Oduor and the headmistress, Margaret Sewe were charged in a Meru court with carrying excess passengers. 

MULTIPLE INJURIES

“I suffered serious multiple injuries and incurred heavy expenses for which I seek compensation,” she said in a sworn statement.

Ms Otieno has sued the school management and the bus driver, demanding compensation of more than Sh26 million.

The amount arises from cost of treatment, which was more than Sh12 million and future medication. She accuses the school of negligence.

She further accuses the driver of recklessness.

The case will be heard on October 30 when the young woman’s mother, Ms Rael Lubasi, will testify.