Broadways Bakery, Thika-based confectionery firm has been directed by a court to pay a Nyeri widow Sh1.4 million as damages following her husband’s death in a road accident 19 years ago that involved the firm’s motor vehicle.
Justice Teresiah Matheka of the High Court in Nyeri found the bakery’s car responsible for causing the death of a cyclist, Samwel Wachira Mwangi, on August 4, 2000 on the Nyeri-Karatina road.
The wife of the deceased Phyllis Wakonyu sued the company in August 1, 2003 seeking special and general damages.
In April 2000, her husband was cycling on the road when the company’s driver negligently drove the Canter lorry that collided with him.
Broadways in its defense dated September 24, 2003 admitted the occurrence of the accident but denied any negligence on its part, attributing it to negligence by Mr Mwangi.
The said driver had been on the road for 16 hours. His own turn boy was sleeping at the time of the accident, a clear indication of the fatigue the two must have had and not want to accept the natural fact that driving for 16 hours could mess one’s judgment.