Milimani Law Courts
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The Milimani High Court has awarded Wairimu Muthoni Sh 420,000 following her assault, robbery, and forced ejection from a Super Metro matatu.
The case has galvanized discussions about passenger rights in Kenya’s public transport system with many affirming the urgent need for enhanced safety measures for commuters. Justice Lawrence Mugambi, who presided over the case, has determined that Muthoni's fundamental rights had been significantly violated by the conduct of the matatu crew. The court mandates that the compensation be jointly paid by Super Metro Sacco's director and the matatu's owner, Ezekiel Njuguna Ngure.
This incident occurred on August 7, 2018, when Muthoni boarded the matatu, which was initially scheduled to travel to Westlands but diverted to Thika Road instead. The ordeal escalated when Muthoni, uneasy with the route change, requested to disembark. The conductor denied her request and also withheld her change, sparking a confrontation that culminated in the driver and conductor violently ejecting her from the vehicle.
During this ordeal, Muthoni suffered physical injuries and lost her belongings, which included Sh 80,000 in cash and a gold pendant valued at Sh 40,000.
Despite promptly reporting the incident to law enforcement and Super Metro’s fleet supervisor, Michael Muturi, Muthoni encountered a lack of support. Her subsequent attempts to seek justice were met with indifference, ultimately compelling her to pursue legal action.
In court, Super Metro Sacco's chairman Nelson Mwangi Nduki defended the company by claiming the driver was a temporary worker not officially assigned to the matatu that day. However, Judge Mugambi dismissed this argument, asserting that Super Metro remains accountable for its drivers' conduct. He emphasized that the matatu functioned under the company’s management, and its responsibility could not be denied. Ngure, the matatu owner, similarly rejected the allegations, contending that the vehicle was under repair at the time.
This assertion was contradicted by evidence from Muturi, which confirmed that the matatu was operational under Super Metro’s purview. Justice Mugambi reiterated the severity of the crew's actions, stating they infringed upon Muthoni’s constitutional rights to dignity, personal security, and property. He criticized both Super Metro and Ngure for their failure to adequately address the incident, thereby exacerbating the injustice experienced by Muthoni.
The court has deemed the compensation of Sh 420,000 appropriate, reflecting the emotional, physical, and financial distress endured by Muthoni. Additionally, it has ordered that both Super Metro and the matatu owner pay the legal costs associated with the case while advocating for governmental action to enhance protective measures for women using public transport.