Lawyer Ahmednasir Abdullahi has instructed auctioneers to claim three vehicles owned by the Kenya National Highways Authority (KeNHA) in a bid recover over Ksh700,000 owed to him.
Ahmednasir said he took the move after Kenha failed to honour a decree to compensate him for damages caused to his car’s windscreen.
“I have sent auctioneers who have proclaimed three motor vehicles to recover the decretal sum…of Kshs 730,000, ” he wrote on Twitter.
In a proclamation seen by this writer, the vehicles to be auctioned include a Toyota Prado KBW 919E and KCP 535K and a Pick-up with registration number KCT 764Y.
Following @KeNHAKenya failure to honour the decree for damages caused to my car's windscreen, I have sent auctioneers who have proclaimed three motor vehicles to recover the decretal sum…of Kshs 730,000 pic.twitter.com/kUXxIc85ZN
— Ahmednasir Abdullahi SC (@ahmednasirlaw) October 13, 2020
In a ruling delivered by a Kajiado court in August, KeNHA was ordered to pay the lawyer Ksh750,000 after his Bentley Bentyaga’s windscreen was damaged during road repairs on Nairobi Namanga Road.
The money amounts to damages caused, labour for repair work and costs of the case which was filed on November 27, 2018.
“The court today rightly held that Public authorities like the Kenya National Highways Authority have a duty of care to road users when they do a shoddy job. KENHA was compelled to pay the cost of my car’s windscreen valued at Ksh.750,311,” he tweeted.
The lawyer argued in court that the contractor who had been hired by KeNHA failed to erect signposts on the repair of the road, or even close it completely leaving motorists exposed to danger.
He said that the negligence by KeNHA and the contractor exposed road users to danger. His car was damaged on August 30, 2018 on his way from Arusha, Tanzania.
KeNHA filed a notice of appeal saying it was dissatisfied with the judgment.
KenHA also said it was dissatisfied with the damages of Sh750,311 awarded to Ahmednasir. The agency maintained that lawyer did not prove that he suffered damages to the required standards.