Kenya Power and Lighting Company (KPLC) has failed to overturn a Sh16 million compensation award to a man who lost his right arm after stepping on a live electricity wire while herding cattle 11 years ago.
The Court of Appeal upheld the compensation awarded to Dancun Animantu, ruling that the power utility was entirely responsible for the accident and could not shift blame to the victim, who was only 16 at the time.
In the judgment, the appellate judges dismissed KPLC’s attempt to have the award reduced, saying there was no justification to interfere with the High Court’s decision.
The judges observed that no amount of money could restore Animantu to the condition he was in before the accident, noting that he could never buy another arm to replace the one he lost.
‘No amount of money could ever restore the respondent to his previous condition. He can never purchase another arm to replace the one he lost,’ the judges said.
They added that, given the extent of his injuries and the permanent disability he continues to live with, there could be no question of unjust enrichment or excessive compensation.
‘Considering the foregoing, we are not persuaded that the learned Judge considered any extraneous material or failed to consider relevant material in arriving at his decision. We may also add that given the respondent’s condition after the injuries, there cannot be an issue of unjust enrichment or overcompensation,’ the court ruled.
The case dates back to October 30, 2015, when Animantu was herding livestock in the Kilemi/Kautine area of Antubetwe Location, Igembe North, Meru County.
Court documents showed that the teenager tripped and fell onto a live high-voltage electricity wire that was lying loosely on the ground in the grazing area.
He was electrocuted and lost consciousness. When he regained consciousness, he was at Maua Methodist Hospital, where he would spend the next four months receiving treatment.
Doctors were forced to amputate his right forearm below the elbow, while he also sustained extensive third- and fourth-degree burns to his armpit, shin, ankle and foot.
Animantu, then a Class Four pupil at Ndoleli Primary School, was forced to abandon his education because he was right-handed and could no longer write.
He also continues to experience pain and weakness in his left leg, making it difficult for him to walk long distances.
In its judgment, the Court of Appeal said Animantu had given a detailed and consistent account of how the accident happened, which was corroborated by medical evidence from both his doctors and KPLC’s own medical expert, Maina Ruga.
‘We have re-evaluated the evidence adduced by the parties. It is clear to us that the respondent did not merely rely on his pleadings. The respondent offered detailed, coherent, oral testimony under oath,’ the judges said.
They noted that Dr Ruga confirmed that the injuries were consistent with high-voltage electrocution.
The court faulted the power utility firm for failing to demonstrate how its electricity wire ended up on an open grazing field, observing that the company had a statutory duty under Section 52 of the Energy Act to inspect, supervise and safely maintain its power infrastructure.
It also dismissed KPLC’s argument that Animantu was partly responsible for the accident because he was grazing cattle near electricity infrastructure.
‘The respondent was a 16-year-old minor minding his own business, doing routine rural chores. An ordinary young boy herding cattle cannot be expected to anticipate or foresee a deadly, invisible electrical trap lying in the foliage on the ground,’ the judges said.
The court further observed that KPLC had not produced evidence showing that Animantu was playing with the wires, trespassing or deliberately exposing himself to danger.
‘We were not, for instance, told that the respondent was playing around with the wires when he was electrocuted,’ the judges said.
They consequently rejected the utility’s argument that liability should be apportioned at 30 per cent against the company and 70 per cent against Animantu.
‘We find no basis or justification to interfere with the learned Judge’s finding on the 100 per cent liability against the appellant,’ the court ruled.
Animantu had sued KPLC in October 2018, seeking compensation for pain and suffering, medical expenses and the cost of a functional artificial limb.
Medical evidence presented during the trial placed his permanent disability at 70 per cent.
An orthopaedic technologist, John Muchoki, told the court that Animantu required an advanced myoelectric prosthesis manufactured by German firm Ottobock to help restore some functionality.
The device was estimated to cost Sh8 million, with maintenance expenses of Sh100,000 every five years.
Dr Muchoki explained that cheaper artificial limbs costing between Sh1 million and Sh2.5 million offered limited functionality and would not adequately meet Animantu’s needs.
He maintained that the recommended prosthesis was not merely for cosmetic purposes but would help the young man regain some independence in his daily activities.
KPLC, however, disputed the projected medical expenses, arguing that the proposed award was excessive. It urged the court to limit compensation to about Sh2.12 million, comprising Sh1.5 million in general damages and Sh620,000 in special damages.
The utility also challenged the evidence supporting the cost of future medical treatment and argued that the victim had failed to provide photographs of the accident scene or a police report.
But the appellate judges dismissed these arguments, saying the medical evidence sufficiently established the cause and severity of the injuries.
The High Court had, in March 2021, found KPLC 100 per cent liable for the accident and awarded Animantu Sh15,979,424, together with interest.
The award covered general damages, special damages, and future medical expenses.