Ngilu, Kitui County ordered to pay Sh25 million to businessman whose lorry was set ablaze in 2018

Kitui County Government and its former governor Charity Ngilu have been ordered to compensate businessman David Kariuki Waweru a total of Ksh 25 million for their involvement in the burning of his lorry in 2018.

The court found compelling evidence that the destruction of Waweru’s vehicle, which was carrying 400 bags of charcoal, was ordered by Ngilu and carried out by her employees.

The incident took place on February 7, 2018, when Waweru’s vehicle, registered as KCC 050P, was flagged down along the Thika-Garissa Road at Katenge.

Ngilu together with her bodyguards and country staff stopped the truck before it was set ablaze by people who emerged from a double cabin vehicle believed to belong to the County Government.

“I received a call from my driver around 1 pm that day. He informed me that the vehicle had been flagged down by Ngilu, accompanied by her bodyguards and other employees of the Kitui County Government. Later, around 10 pm, I learned that the lorry had been set on fire by people who had arrived in vehicles associated with the county government.”

The businessman explained that he had paid Ksh 12,000 to transport the charcoal and had ensured all the necessary documents, including a valid permit, were in order.

 He argued that the burning of his vehicle and its valuable cargo was unlawful, and he blamed the actions of Ngilu and county officials for the devastating loss.

 “I lost my truck, my cargo, and, more importantly, my livelihood. The individuals who carried out this act were not authorized to do so. Their actions were an overreach that should have been handled by the Kenya Police, not private individuals,” Waweru said in his testimony.

The driver of the lorry, Joseph Mwangi Waweru, confirmed his employer’s account, stating that after presenting the valid permit to the officials, he was detained at Kitui Police Station.

“I had a permit to transport the charcoal, but after showing it, the situation escalated, and I was taken to the station. When I was released, I was shocked to learn that the truck had been set on fire,” he said.

Martin Thuo Kamande, a conductor who was with the driver, also corroborated the account, noting that Ngilu had inspected the permit but later accused it of being fake.

Kamande added: “I saw the convoy leave, only to return with a group of people who then set the lorry on fire.”

Waweru’s lawyer, Jeremy Njenga, argued in court that Ngilu and the county officials’ actions were illegal and that they should be held responsible for the loss.

 In their defence, Kitui County and former Governor Ngilu denied any involvement, claiming that they had no direct role in the burning of the lorry.

“We did not witness the burning of the vehicle,” one of Ngilu’s representatives stated in court, dismissing the allegations as hearsay.

Despite the defence’s assertions, the court found the testimony of Waweru and his witnesses to be compelling and credible.

Chief Magistrate David Mburu ruled that the defence had failed to effectively counter the plaintiff’s claims.

“It is clear from the testimonies presented that the actions of the defendants led directly to the loss of the plaintiff’s vehicle and its consignment,” Mburu said in his judgment.

The court also concluded that the actions of Ngilu and the county employees were unlawful, noting that it was outside the governor’s remit to stop and inspect vehicles.

“Even if the governor’s staff had stopped the vehicle, the actions that followed, including the burning of the truck, were completely beyond what was permissible,” the judge remarked.

In his ruling, Mburu awarded Waweru compensation for the vehicle, the 400 bags of charcoal, and the lost income caused by the destruction of the vehicle.

Waweru’s lost profits were calculated at Ksh 33,973 per day for a year, amounting to Ksh 12,400,331 in lost income.

“The plaintiff has proven, on a balance of probabilities, that the actions of the defendants led to his loss, and they are liable for compensation,” said Mburu, adding that the defendants must also bear all the costs related to the suit.

In total, Kitui County Government and former Governor Charity Ngilu were ordered to pay Waweru Ksh 25 million.

This amount includes special damages for the vehicle, loss of income, and general damages for the emotional distress caused by the incident.