The High Court has overturned KSh750,000 paid to lawyer Ahmednasir Abdullahi in damages after his car was damaged while driving on a highway three years ago.
The car, a Bentley, was damaged when the lawyer was driving along the Nairobi-Namanga Highway which was under construction at the time.
In the latest twist events, Justice Stella Mutuku overturned the money awarded to Ahmednasir on grounds that he did not produce evidence that his vehicle was damaged while driving along the highway.
The city lawyer also failed to call a witness to support his claims.
“No one else, other than the respondent, is aware that he was travelling to Nairobi from Arusha on the 30th August 2018. The exact location of the accident is also not known,” Justice Mutuku said.
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The judge further that Ahmednasir produced photocopies and not the original copies, adding that his evidence needed collaboration to prove that what he was saying was true.
“As the evidence stands, it is his word of mouth alone that he traveled to Tanzania. He told the trial court that his word is sufficient. I am afraid not. At least not under these circumstances,” she added.
The lawyer had sued the Kenya National Highways Authority (KenHa) for negligence after the windscreen of his luxury car was damaged by a stone at section of the Nairobi-Namanga highway.
In his suit, Mr Abdullahi argued that the workers failed to put up appropriate signs warning motorists of danger on the stretch of the highway that was being re-carpeted.
A shrapnel hit the windscreen of the lawyer’s car shattering it as he drove back to Nairobi from Arusha on August 25, 2018.
In August 2020, Senior Magistrate Edwin Mulochi found KenHa guilty of negligence and ordered that it compensate Ahmednasir for the damages.
“In view of the foregoing, I come to the conclusion that the defendant owes the plaintiff and other road users a duty of care. The duty cannot be shifted to a third party,” the magistrate said.
