Judge awards Sh10m to boy run over by vehicle

A boy who suffered serious injuries after being run over by a driver 12 years ago has been awarded Sh10 million for pain, loss of amenities and future earnings.

High Court Judge George Odunga said that as a result of the accident, the minor lost the ability to speak, walk and hold objects and developed severe lack of co-ordination of both the upper and lower limbs. The judge said the boy, who is now 15, would be permanently confined to a wheelchair.

The youngster, through his mother Rebecca Aseyo, sued vehicle owner Wilson Simiyu seeking damages for pain and suffering.

“The injury suffered by the plaintiff has rendered him a vegetable for all intents and purposes,” said the medical report produced in court.

Medical experts who examined the boy said he sustained brain damage with severe mental and physical handicaps and ruled out any further improvements in his condition saying he would have to depend on others in his entire life.

“He would not live an independent life and would never be able to have a family of his own,” said Dr Kiama Wangai of the Kenyatta National Hospital in his medical report.

WAS IN A COMA

On the morning of May 12, 2002, the then two-year-old boy was walking along Luanda-Majengo Road when Mr Simiyu’s driver, through alleged negligence, knocked him down and inflicted serious injuries on him.

Dr Washington Wokabi testified that as a result of the accident, the boy sustained severe head injury and was in a coma for three months.

“After he regained consciousness, the boy remained mentally and physically handicapped,” said the doctor.

In her testimony, the boy’s mother informed the court that he required a minder to take care of him since he had to be fed, clothed, washed and taken to the toilet. The doctors said that even though the boy could live to an old age, he would require more resources to sustain him and could benefit a great deal from being referred to a special home to be taught special skills.

The mother said the boy had been enrolled at Jacaranda School for the mentally handicapped in 2003 but dropped out in 2009 for lack of funds. According to the doctors, there was also room for possible surgery for the boy to adjust his bones for better mobility on the wheelchair, but this would cost between Sh550,000 and Sh600,000.

But in his defence, Mr Simiyu denied he was the owner or was in control of the motor vehicle involved in the accident. But he pleaded that if such an accident occurred, then the same should be blamed on the boy’s negligence.