Why has Khushi Motors Limited declined to provide compensation to Joseph Momanyi?

 


The management of Khushi Motors Ltd has chosen not to compensate Joseph Momanyi, an accident victim, despite a legitimate court ruling.

Momanyi is reportedly suffering in severe poverty as a result of the accident.

The ruling by DKN Magare on 6/3/25, following an appeal, mandated that Momanyi be compensated with Sh350,000; however, to this day, no payment has been made. Is this not a case of contempt of court and impunity?

This ruling came after Khushi Motors appealed against the judgment and decree issued by Hon. D.O. Mac’Andere (SRM) on 25.9.2023 in Kisii CMCC No. 468 of 2019.

Khushi Motors submitted the Memorandum of Appeal dated 27.11.2023.

It is evident that the grounds for appeal assert that the learned magistrate made errors in both fact and law regarding her findings on liability and the award of general damages.

Liability was determined to be 100% in favor of the Respondent, with Ksh. 600,000 awarded in general damages.

Momanyi had sought damages for an accident that allegedly occurred on 18.3.2019 on Kisii Township Road, where he was a pedestrian struck by the motor vehicle with Registration Number KCN 540U, owned by Khushi Motors.

He sustained the following injuries:

i. Head injury resulting in loss of consciousness

ii. Bruises on the right wrist

iii. Bruises on the left leg

iv. Chest contusion

v. Blunt trauma to the neck

vi. Bruises on the right and left ankle

vii. Bruises on the frontal region

viii. Fracture of the left lower molar

Special damages were also claimed as follows:

Medical report Ksh. 6,500/

Motor vehicle search Ksh. 550/

Medical expenses Ksh. 1,440/

The Appellants submitted their defense dated 10.1.2020, denying the allegations of negligence made by the Respondent and attributing blame for the accident to the Respondent.

The lower court reviewed the case and awarded the following reliefs:

Liability confirmed at 100% for the Respondent

Special damages Ksh. 7,870/

General damages Ksh. 600,000/=

The Appellants contended that they should not bear full liability for the accident. Regarding damages, it was argued that an award of Ksh. 600,000/= was excessively high. However, the cases cited were not recent.

The award of Ksh. 600,000/= in general damages is annulled and replaced with Ksh. 350,000/=.

What is concerning is that since March, Momanyi has yet to receive payment, while the company continues to sell vehicles and the directors lead extravagant lifestyles.

It is alleged that the company engages in tax evasion, fails to pay City Hall parking fees and advertising costs. Furthermore, the company is reported to be operating unlawfully as it does not adhere to the city hall bylaws

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