A court has allowed Starehe MP Charles Njagua’s father, David Kanyi, to auction the property of a water company that refused to compensate him Sh672,000.
Nyeri Senior Principal Magistrate Phillip Mutua dismissed an application for temporary injunction filed by Nyeri Water and Sewerage Company (Nyewasco) seeking to stop Mr Kanyi from inviting auctioneers to attach and publicly sell its property.
The company said it was not aware of the court order dated September 26, 2017 requiring it to pay Mr Kanyi a sum of Sh672,885 after he fell in a manhole owned by the corporation and broke his leg.
Through lawyer George Kibira, the company argued that execution of the order was premature and in utmost bad faith since it had filed appeal.
“The defendant’s appeal will be rendered nugatory if the proclaimed assets of the company are sold and Mr Kanyi has not proved that he is a man of means capable of reimbursing should the appeal succeed,” said the corporation in its application.
But the court told the lawyer that an appeal does not act as automatic stay to a judgement.
“There is unexplained delay of ten months by their own admission. Defendants only rushed to court after the sale proclamation by the plaintiff. [there is] no evidence that the defendant will suffer substantial loss if the stay order against the judgement is not granted,” said Magistrate Mutua.
He also added that when the compensation order was made, the water corporation was represented in court and therefore the application to stop the execution of the judgment lacks merit.
Mr Kanyi, through lawyer Muhoho Gichimu, told the court that the water company is only keen on keeping him away from the fruits of the judgment.
“The corporation has been woken up from its slumber by the proclamation issued against it. I should not be denied the fruits of my judgment considering I still suffer from injuries sustained following their negligence,” said Mr Kanyi.
On the company’s submission that he cannot be able to reimburse the money, Mr Kanyi stated that he is capable since his son is an MP.
“I am not a man of straw and even on reimbursing any amount paid I can do the same if required as I am a farmer of repute in Othaya. Further, my son is widely known and a famous Kenyan musician by the name Jaguar and also the Starehe MP,” he told the court.
Mr Kanyi told the court that he fell into the uncovered manhole owned by the water company and as a result sustained severe injuries.
The incident happened in Nyeri town in the evening of October 1, 2008 at 7.30pm behind Homage building.
While awarding the damages, the magistrate found that the water company had neglected the two-foot deep manhole in Nyeri town and failed to erect warning signs.
The magistrate also found that the water company was in breach of its statutory duty.
He was awarded general damages of Sh550,000, special damages of Sh97,885 and Sh25,000 for medical expenses.
In defence, the company denied the claims of negligence and breach of the statutory duty, saying that Mr Kanyi was solely accountable and that the accident was caused by his personal irresponsibility.
Nyewasco said Mr Kanyi was walking carelessly, without attention and unconscious of his own safety and encroached on the manhole.