A woman has been awarded Sh223,000 in damages after a court in Makindu, Makueni County, found a Chania Genesis bus driver and owner liable for reckless driving that led to a road accident in which she sustained multiple injuries.
The court determined that the driver, identified as Samuel Karue, and the bus owner were entirely responsible for the incident, which occurred on November 23, 2025, at Kenani along the Nairobi-Mombasa highway. The presiding magistrate ruled that the accident resulted from negligence on the part of the driver, holding both him and the owner accountable for the consequences.
According to the victim, Alice Mwangeka, the bus was being driven recklessly and carelessly at the time of the accident. She claimed that the driver failed to take reasonable action to prevent the crash, including not slowing down, braking, or swerving. She further stated that the driver was speeding and driving on the wrong side of the road in a zig-zag manner before ramming into an oncoming vehicle.
The magistrate accepted Mwangeka’s version of events, noting that her testimony remained consistent and credible throughout the hearing. The court found that the evidence presented clearly showed the driver’s negligence and that his failure to observe road safety measures had directly led to the accident.
A medical report submitted during the hearing confirmed that Mwangeka suffered multiple blunt force injuries. These included injuries to the forehead, neck, left hand, right shoulder, and lower back. The court concluded that the injuries were a direct result of the accident and that the plaintiff was entitled to compensation.
The magistrate also highlighted the severity of the accident, noting that the driver’s actions or lack thereof were the primary cause. He emphasized that the defendant’s omissions and commissions likely contributed to the crash and that there was no evidence indicating the plaintiff had any role in causing it.
In response to the accusations, the bus owner, Mwaura Nduruhu, denied any involvement in the accident. He claimed that his bus had not been involved in any such incident and that Mwangeka was never a passenger aboard it. The driver, Karue, also denied operating the bus on the day in question.
In their defense, the accused parties argued that if the accident had occurred, it was due to Mwangeka’s own negligence. They claimed she had failed to take adequate precautions for her own safety, including not wearing a seat belt. They also stated that she did not follow traffic rules and regulations and suggested that the accident was beyond their control.
Despite these defenses, the court found no merit in their arguments and ruled entirely in favor of Mwangeka. The magistrate stated that the defendants were 100 percent liable for the accident and awarded the plaintiff Sh223,000 in general damages for pain, suffering, and loss incurred due to the injuries.
The ruling serves as a reminder of the legal responsibility that drivers and vehicle owners bear for ensuring the safety of their passengers and other road users. It also underscores the importance of adhering to traffic laws and maintaining proper standards of conduct while on the road.
