Ngilu, County to pay businessman Sh25m for burnt lorry

Kitui County Government and former governor Charity Ngilu have been ordered by a commercial court to pay a businessman Sh25 million in compensation for burning his lorry which was ferrying 400 bags of charcoal in 2018.

The court made the directive after finding that there is compelling evidence showing that Ngilu ordered employees of her government to burn the lorry ferrying charcoal claiming trader David Kariuki Waweru had no valid license to carry out the consignment.

The incident took place on February 7, 2018, when Waweru’s vehicle when the vehicle was flagged down by a convoy allegedly linked to the Kitui County Government and its then-governor, Ngilu.

He said the lorry was set on fire by persons who alighted from a Double Cabin car owned by the County Government.  

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In his testimony, Waweru recounted how he received a call from his driver detailing how he was intercepted and the lorry set ablaze adding that he paid Sh12,000 to transport the charcoal as required.

Waweru argued that his vehicle and the 400 bags of charcoal were burned unlawfully.

 “I lost my truck, my cargo, and, more importantly, my livelihood. The people who carried out this act were not authorized to do so,” Waweru added.

Joseph Mwangi Waweru, the driver of the lorry, confirmed his boss's account, stating that after being flagged down by Ngilu, he was detained at Kitui Police Station.

Meanwhile, Martin Thuo Kamande, a conductor who was with the driver, also corroborated Waweru's version of events, recalling that Ngilu had inspected the permit but later claimed it was fake.

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

Through lawyer, Jeremy Njenga, Waweru urged the court to find Ngilu and the county officials' acts were illegal and award them.
 
In their response, Kitui County and former Governor Charity Ngilu argued that they had no direct role in the incident.

The defense claimed that they neither ordered the vehicle's destruction nor participated in any violent acts.

 "We did not witness the burning of the vehicle," one of Ngilu's representatives stated in court. “The events described by the plaintiff are hearsay.”

Despite the defense's denial, the court found the testimony of the plaintiff and his witnesses compelling. 

In his judgment, Chief Magistrate David Mburu noted that the evidence provided by the plaintiff had not been effectively countered by the defense. 

"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," ruled Mburu.

The court also found that the actions of the defendants were unlawful, especially considering that it was outside the governor’s role 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 the plaintiff compensation for the vehicle, the charcoal consignment, and for lost income due to the vehicle’s destruction. 

The court also ruled that Waweru should be compensated for his lost profits, which were calculated at Sh33,973 per day for a period of one year.  This amounted to Sh12,400,331 in lost income.

In total, the Kitui County Government and Charity Ngilu were ordered to pay Waweru Sh25 million, which includes special damages for the vehicle, loss of income, and general damages for the plaintiff’s distress.