A man who was left paralysed and unable to father children after a vehicle reversed into his motorcycle seven years ago has been awarded about Sh22.5 million in damages by the High Court in Migori.

Justice Anne Ong'injo ordered Mississippi Communication Limited, the owner of the vehicle, to pay Charles Ragira a total of Sh22,583,550, together with costs and interest, in a judgment delivered on October 16, the Daily Nation reported.

The crash

Ragira, then 60 and a former driver at Nyansiongo High School in Nyamira County, was riding a motorcycle along the Kehancha-Isebania road in Isebania, Migori County, on March 17, 2019, when the company's vehicle reversed onto the road and hit him. He told the court that the driver failed to check for oncoming traffic before making the manoeuvre.

He suffered a fracture of the right forearm, a deep cut on the right foot and a burst fracture of the first lumbar vertebra that damaged his spinal cord. The spinal injury left him without function in both legs, confining him to a wheelchair and making him dependent on others for daily care. He also developed erectile dysfunction and pressure sores.

Ragira was first treated at Isebania Hospital before being transferred to Kisii Teaching and Referral Hospital and later to the National Spinal Injury Hospital in Nairobi, where he was admitted for four months. A doctor who examined him, Ezekiel Ogando, assessed his permanent disability at 95 per cent. Ragira is now 67.

Company did not defend the case

The suit was first filed at the Migori Chief Magistrate's Court in 2019 but was transferred to the High Court because of the amount being claimed. Mississippi Communication Limited did not enter an appearance, file a defence or take part in later proceedings.

Even so, the judge required Ragira to prove his claim. She found that he had done so through medical records, a police abstract and National Transport and Safety Authority records linking the vehicle to the company. Justice Ong'injo held that the driver owed other road users a duty of reasonable care when reversing onto the road and had failed to exercise it, noting that Ragira's evidence of the negligent manoeuvre was "not controverted," the Nation reported.

How the award breaks down

The largest component, Sh10.5 million, was awarded for pain, suffering and loss of amenities. The judge folded the psychological harm and erectile dysfunction into this figure to avoid compensating him twice for the same loss. Ragira had sought Sh12.5 million under this head.

A further Sh10 million was awarded for future medical care, nursing and assistive devices, after the court accepted that he would need care for the rest of his life. The judge, however, declined several of the specific sums proposed for future needs, citing a lack of documentary evidence or cost estimates.

The court also awarded Sh1,353,000 in medical expenses backed by receipts, Sh500,000 for loss of earning capacity, Sh200,000 for the future removal of an implant in his forearm and Sh30,550 for the medical report, the doctor's court attendance and a vehicle records search. The judge turned down a request to raise the implant removal cost to Sh300,000 for want of evidence.

In her reasoning, the judge described the injuries as severe and permanent and said that while no amount of money could restore Ragira to his former condition, the award had to be fair and reasonable.

Road safety concerns

The case highlights the toll of road crashes involving motorcyclists in Kenya, where boda boda riders and passengers account for a large share of deaths and serious injuries on the roads every year. Many victims, unlike Ragira, never pursue compensation through the courts.

It was not immediately clear whether the company intends to challenge the judgment.

Photos: Victor Kibiwott via Wikimedia Commons (CC BY-SA 4.0, boda boda on a Kenyan road); the Judiciary building in Nairobi by Wing via Wikimedia Commons (CC BY-SA 3.0, illustrative).