Court orders Kirinyaga County to pay Sh3.5 million to man who lost wife in road tragedy

Court orders Kirinyaga County to pay Sh3.5 million to man who lost wife in road tragedy

Justice Edward Muriithi ruled in favour of Paul Gichangi, who had petitioned the court to compel County Executive for Finance Jacqueline Njogu and Chief Officer of Finance Charles Otieno to settle the amount earlier awarded by the Baricho Law Courts.

The High Court has ordered the Kirinyaga County Government to pay Sh3.5 million to a widower whose wife was fatally run over by a county grader.

Justice Edward Muriithi ruled in favour of Paul Gichangi, who had petitioned the court to compel County Executive for Finance Jacqueline Njogu and Chief Officer of Finance Charles Otieno to settle the amount earlier awarded by the Baricho Law Courts.

The trial court had granted Gichangi Sh2,715,422 in special damages following the death of his wife, Rose Wamuyu Muriithi, in 2017. With interest and costs, the total now stands at Sh3,504,274.

Court records show that on March 17, 2017, Wamuyu was knocked down and killed on the spot by a county grader, registration number GKA 745M. Gichangi later sued the county government seeking compensation for his loss.

Demand letters

In his application, Gichangi told the High Court that despite a valid judgment, decree, and certificate of execution being issued against the county, officials had refused to pay the decretal sum. His lawyer sent several demand letters, but the county government failed to comply.

Justice Muriithi emphasised that public officials entrusted with managing county funds have a legal duty to honour valid court decrees. He noted that execution against a government body can only be directed at accounting officers, who cannot arbitrarily refuse to settle court awards.

"Gichangi had a legitimate expectation that the county officials would honour the judgment. Their failure to do so, without any explanation or justification, left the court with no option but to grant the order of mandamus," the judge ruled.

The court also heard that interest at 14 per cent has been accruing since February 2023, adding Sh570,237 to the principal amount.

Granting the order, Justice Muriithi directed the two finance officials to immediately release the money to Gichangi, noting that the widower had been waiting for justice for more than seven years since the tragic loss of his wife.

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