The county government of Kitui and its former governor, Charity Ngilu, have been ordered by a commercial court to compensate businessman David Kariuki Waweru a total of Sh25 million after 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 was flagged down along the Thika-Garissa Road at Katenge by a convoy allegedly linked to the Kitui County Government.

According to Waweru, the lorry was then set on fire by individuals who emerged from a double cabin vehicle believed to belong to the county government.

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.

Lost income

“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 Sh33,973 per day for a year, amounting to Sh12,400,331 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 Sh25 million.

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