National

By Nancy Gitonga | 3 hours ago

The High Court has awarded a female passenger Sh420,000 after she was assaulted, robbed, and violently thrown out of a Super Metro matatu by the driver and conductor.  

The case, which has drawn attention to the rights of passengers in public transport, saw Milimani High Court Judge Lawrence Mugambi rule that Wairimu Muthoni’s fundamental rights were violated by the actions of the matatu crew.

In the landmark Judgement, Justice Mugambi ordered for compensation of Wairimu by the director of Super Metro Sacco and the owner of the matatu Ezekiel Njuguna Ngure after finding that she had been subjected to physical assault, theft of her personal property and humiliation while aboard the matatu on August 7, 2018.  

The assault and robbery occurred after Muthoni attempted to alight from the matatu when she realized the bus was headed in the wrong direction, and a dispute over her fare ensued. 

“I find that the conduct of the matatu crew was reckless and appalling,” Judge Mugambi said in his ruling.  

“The Director of Supreme Metro Sacco and Mr  Ngure must bear the responsibility for this violation of Muthoni’s rights, and I hereby order that she be compensated for the harm done to her.” 

The details of the incident revealed a harrowing sequence of events.  

Muthoni had boarded the Super Metro matatu, registration number KCH 434T, with Sh 80,000 in cash that she intended to deposit at a nearby Sacco. 

However, the matatu changed its route unexpectedly, heading towards Thika Road instead of Westlands, where she had intended to alight. 

“I gave the conductor Sh 1000, but he refused to give me my change,” Muthoni recounted in her affidavit.  

“When I asked him to stop the vehicle, he refused, and that’s when the altercation began. The driver eventually stopped the bus, and both the conductor and the driver forced me out. I fell outside and hurt my leg on the metal door. They followed me and began beating me until I was bleeding.” 

Muthoni further described how the crew threw her belongings out of the bus, including her purse, which contained Sh 80,000 in cash, and a gold pendant worth Sh 40,000, both of which were stolen during the incident. 

Shocked and hurt, she reported the assault to the police and Super Metro’s fleet supervisor, Michael Muturi, who later informed her that the bus was not scheduled to be in operation on that day. 

Despite the violence Muthoni endured, the response from the matatu management was far from supportive.  

In her petition, she outlined the lack of adequate follow-up, including unhelpful police investigations and Super Metro’s failure to compensate her. 

 “I reported the matter to the police and Super Metro, but nothing was done,” Muthoni explained.  

“I was left frustrated as the authorities kept promising to take action, but nothing changed.” 

In response to the lawsuit,the Super Metro Sacco, through its Chairman Nelson Mwangi Nduki, denied liability for the actions of the crew, stating that the driver involved was not a regular employee but a squad driver who was not officially assigned to operate that day.  

However, Judge Mugambi rejected this defense, stating that the matatu was operating under Super Metro’s fleet management and that the company had a duty to ensure its vehicles were being operated by professionals. 

“The Supreme Metro's Sacco argument that it was not responsible for the actions of the driver is untenable,” Judge Mugambi said. 

 “The fleet management system implies accountability, and Super Metro failed in its duty to ensure that passengers were safe from such violent conduct.” 

Ngure, the owner of the matatu, also denied the allegations, claiming that the bus had been grounded for mechanical repairs on the day of the incident. He further declined to reveal the particulars of the driver and conductor who conductor robbed Muthoni in the material date. 

 However, this claim was contradicted by evidence from Super Metro's fleet manager, Michael Muturi, who confirmed that the bus was in operation that day and was under the management of Super Metro. 

In his decision, Justice Mugambi emphasized that the actions of the matatu crew amounted to serious violations of Muthoni’s rights under the Constitution, particularly her rights to dignity, personal security, and property. 

 "The violent assault and theft she endured violated her right to personal security and her right to property,” the judge stated. 

 “The failure of Super Metro and the bus owner to address this issue adequately only compounded the injustice." 

As part of the compensation, Muthoni was awarded Sh 420,000, with the amount to be equally shared between Super Metro and the matatu owner.  

“This is a fair and reasonable amount considering the emotional, physical, and financial toll this incident has had on her,” Judge Mugambi concluded. 

In addition to the compensation, the court ordered Super Metro and the matatu owner to bear the costs of the suit, and for the government to take action on the lack of protective policies regarding women’s safety in public transport.