Truck driver burnt by bosses awarded Sh1m

A transport firm has been ordered to pay its former truck driver Sh1 million in general damages for violating his rights after he was set ablaze using a tyre.

Justice Eric Ogola found that PN Mashru Transporters Ltd, Padra Naran Mashru and employee Kamtu Ali violated Mr Isaac Njoroge's rights.

The judge directed the company, Mr Mashru and Mr Ali to jointly pay Mr Njoroge.

He dismissed claims by the respondents that Mr Njoroge, who had been accused of stealing, was assaulted and set ablaze by a mob.

The judge said the petitioner was assaulted by the respondents.

In his petition, Mr Njoroge claimed that on January 27, 2016, while walking in Changamwe area, a vehicle belonging to the company sped towards where he was before two (company) security officers forcibly bundled him in.

Mr Njoroge further said that he was taken to the company’s premises at Uwanja wa Ndege area where Mr Ali, a workshop manager gave instructions to the security officers to assault him.

“The third respondent (Mr Ali) directed the two security officers to load a truck tyre around the petitioner; he proceeded to pour an inflammable substance on it and lit a match stick setting the petitioner ablaze leaving him to burn,” the petition read.

Mr Njoroge said it took the intervention of one of the staff members to rescue him by putting off the fire using an extinguisher at the premises.

He also claimed that by the time the fire had been extinguished, he had suffered serious burns on his back and was in excruciating pain.

According to Mr Njoroge, after the fire had been extinguished, he was taken to Mariakani Police Station where a report was lodged accusing him of having stolen the company’s goods.

The driver said that at the police station, the officer in charge ordered that he be taken to hospital.

Mr Njoroge said he was taken back to the police station where he was remanded for seven days before being taken to court and charged on allegations of theft on February 2.

In the petition, the driver accused the IG of failing to take him to court within 24 hours and the DPP for failing to order proper investigations into circumstances leading to his arrest.