Victim crippled by road crash has been awarded Sh24.4 million

A third-year university student who was crippled by a road accident has been awarded Sh24.4 million as compensation.

Appeal judges Justices Martha Koome, Daniel Musinga and Agnes Murgor reduced the award given to Brian Waihenya from Sh28 million to Sh24.4 million.

He had been awarded by the high court Sh28 million.

Waihenya sued Jubilee Haulers Limited’s Vipul Patel and David Kemei.

On February 8 2014 Waihenya, a third-year student at Jomo Kenyatta University was travelling from Nakuru heading to Mang’u farm in Rongai.

A few kilometres from Nakuru he saw an oncoming lorry that was pulling a trailer which was being driven in a zigzag manner.

The vehicle he was in collided with the oncoming lorry and as a result, he sustained severe injuries.

He sued the owners and driver of the lorry.

In his suit, he said the lorry was being driven negligently.

The lorry driver was accused of driving at high speed, driving without due care and attention for other road users which led to the accident.

As a result of the accident, he suffered a spinal injury and got a wound on the scalp.

He became paraplegic with a 100 per cent disability.

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