A Nairobi woman, Wairimu Muthoni, has been awarded KSh 420,000 in compensation by the Milimani High Court after she was mistreated, robbed, and violently thrown out of a Super Metro matatu.
This decision was made by Justice Lawrence Mugambi, who ruled that the matatu crew violated her constitutional rights, specifically her right to dignity, personal security, and property.
The incident took place on August 7, 2018, when Muthoni boarded a Super Metro matatu with KSh 80,000 in cash, which she intended to deposit at a nearby Sacco.
However, the matatu did not head towards its usual route to Westlands, but instead diverted to Thika Road.
A dispute broke out when Muthoni tried to get off the matatu and was denied her change after paying KSh 1,000 for her fare.
The conductor refused to return the change, and when Muthoni asked the driver to stop the vehicle, both the driver and conductor forced her out of the matatu, injuring her leg in the process.
Adding to her distress, Muthoni’s purse, which contained the KSh 80,000 in cash and a gold pendant valued at KSh 40,000, was thrown out of the matatu and stolen.
Despite Muthoni reporting the incident to the police and the Super Metro fleet supervisor, Michael Muturi, she received little help. Muturi falsely claimed that the bus was not scheduled to operate on that day, and no further action was taken.
Super Metro Sacco denied any responsibility, stating that the driver involved was not officially assigned to work on the incident day, while Ngure, the matatu owner, claimed the vehicle was under repair. However, Muturi’s testimony confirmed that the bus was operational, leading Judge Mugambi to dismiss their defenses.
The court ruled that the actions of the matatu crew violated Muthoni’s constitutional rights and found that Super Metro and Ngure were accountable for the incident.
The court ordered both Super Metro Sacco and Ngure to compensate Muthoni with KSh 420,000, sharing the amount equally.
Additionally, the two parties were required to cover the costs of the lawsuit. Justice Mugambi also urged the government to introduce policies that would better protect the safety of women in public transportation.
He noted that the compensation amount was fair given the physical, emotional, and financial impact the incident had on Muthoni.
In a separate but related development, Super Metro’s chief inspector, Michael Muturi, revealed that a reckless driver, who was seen driving on the wrong side of Thika Road, had been handed over to the police.
The driver, who had only recently been hired, was reported to have endangered the lives of passengers. Super Metro’s management provided the driver’s documents, along with those of the tout and the bus, to the authorities for further investigation.
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