Widow gets Sh4m after husband was clobbered to death by city askaris

A widow whose husband was clobbered to death by four Nairobi County inspectorate department law enforcers two years ago has been awarded Sh...

City askaris during the 'Operation Clamp Down' against land rates defaulters on Koinange Street. PHOTO | FILE

A widow whose husband was clobbered to death by four Nairobi County inspectorate department law enforcers two years ago has been awarded Sh4 million.

Justice Joseph Onguto said Ann Wairimu Njahira had proved that the four city askaris were responsible for the death of her husband Irungu Kamau and compelled the county government and its employees to compensate the deceased.

The court heard that the askaris Alfred Marenya Ogesi, Protus Sarara, Ambani Akasi and Julius Achieng accosted Mr Kamau on the evening of September 16, 2013 and clobbered him with crude weapons leaving him for dead.

Mrs Njahira testified that on the fateful day, they were walking together with her husband and several hawkers to a funeral meeting at Nyam hotel along Duruma Road when the askaris descended on them. Mr Kamau was the leader of the hawkers group operating in the area.


Upon seeing the askaris, they ran for their safety to avoid the commotion but the law enforcers pursued Mr Kamau and cornered him within Nyamakima area, dragged him out, clobbered and stabbed him several times.

He was taken to Kiambu hospital where he succumbed to the injuries. His death was reported at Kamukunji Police Station.

Consequently, Mrs Njahira moved to the Constitutional and Human Rights Division and sued the City County Government and its law enforcers seeking compensation.

She said she had to endure pain and suffering as well as trauma as a result of her husband’s death. She further testified that she had to undergo a psychiatric treatment and her children were affected by their father’s death.

Mr Edward Kiboi, a hawker in River Road who also testified, said he saw one of the askaris cut the deceased with a panga while others stabbed him with knives and broken bottles.

A government pathologist Dr Peter Ndegwa informed the court that Mr Kamau died as a result of bleeding due to blunt objects.


Opposing the petition, the four askaris who are currently facing murder charges in the High Court, defended themselves against the accusations saying they were not on duty on the fateful day.

The City County on its part stated that it operates on working hours between 8am and 5pm and debunked the argument that the inspectorate department law enforcers could have been on duty when the alleged incident took place.

But awarding the compensation, justice Onguto said Mrs Njahira had proved her case.

“I am satisfied that it was the city askaris, with the county government being a vicarious entity, who caused the death petitioner’s spouse,” he said.

The judge further said the witnesses who testified were consistent enough as they knew and were familiar with the askaris. He noted that the life of Mr Kamau may never be regained due to the arbitrary acts of the rogue county askaris.


“The right to life was violated. It has not been suggested that the deceased was a threat to askaris. I hold the city inspectorate department law enforcers responsible for the death of Mr Kamau,” he said.

Mrs Njahira had sought for Sh15 million constituting general, special and aggravated damages, but justice Onguto said he was conscious of the fact that no amount of damages may rewind the clock and awarded Mr Kamau Sh4 million posthumously.

Justice Onguto additionally said the State and its organs have an obligation to protect life.

The post Widow gets Sh4m after husband was clobbered to death by city askaris appeared first on Nairobi News.




All News,1,Business,272,Churchil Live Show,1,Daily post Kenya,1,Entertainment,1139,Featured,1,Global News,428,Kenya Daily Post,1,Kenya news,3567,Kenyan Daily Post,1,Kenyan Jobs,631,KTN Kenya Headlines,1,KTN Live stream,2,Lifestyle,79,Live TV,9,M-Pesa,4,News,2,NTV Kenya Headlines,1,Politics,1645,Radio,1,Radio Stations,21,Showbiz,395,Sports,3476,Standard Media,1,Trending,12,Trending News,18,Tuko News Kenya,1,videos,3,
Standard News Kenya - Kenya's Largest News Rss Portal.: Widow gets Sh4m after husband was clobbered to death by city askaris
Widow gets Sh4m after husband was clobbered to death by city askaris
Standard News Kenya - Kenya's Largest News Rss Portal.
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS CONTENT IS PREMIUM Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy