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KenHa appeals Sh750K Bentley car damage payment to Ahmednasir

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The Kenya National Highways Authority (KenHa) has appealed a court ruling directing it to pay lawyer Ahmednasir Abdullahi over Sh750,000 for damages to his high-end car, a Bentley Bentyaga, while driving on a major highway.

A Kajiado court found KenHa negligent for failing to put up safety measures such as signs, to warn motorists of road repairs.

But in a notice to the High Court, the agency said it is dissatisfied with the judgment and intends to appeal.

KenHA also said it was dissatisfied with the damages of Sh750,311 awarded to Mr Abdullahi. The agency maintained that Mr Abdullahi did not prove that he suffered damages to the required standards.

The outspoken lawyer allegedly failed to report the incident to the police along the Nairobi-Namanga highway, or their offices or obtain a police OB number.

In a precedent-setting decision, trial magistrate Edwin Mulochi said KenHa was guilty of negligence and ordered it to compensate for the damages.

“In view of the foregoing, I conclude that the defendant owes the plaintiff and other road users a duty of care. The duty cannot be shifted to a third party,” the magistrate said.

A Bentley costs between Sh30 million and Sh51 million, according to the Kenya Revenue Authority.

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The first batch of Bentleys arrived in Kenya in 2017 and the local dealer sold five units in 2018 and three last year.

In his suit, Mr Abdullahi claimed the workers failed to put up appropriate signs warning motorists of the danger.

A shrapnel hit the windscreen, shattering it as he drove back to Nairobi from Arusha on August 25, 2018.

Mr Fredrick Oyuga, an assistant director of KenHa said the accident could have occurred in Tanzania or that the lawyer may have been speeding at the time, adding that the windscreen is unlikely to have been damaged by a stone.

Further, Mr Oyuga argued that there was no assessment from an independent person to show the extent of the damage.

But the court dismissed KenHa’s defence stating that the agency should have erected signs along the road to warn road users of the ongoing roadworks or divert the vehicles.

“Having failed to either erect signs along the road cautioning users or divert traffic, the defendant clearly breached its duty of care to the plaintiff,” he said.

The magistrate said there was no requirement to report the incident because it is not an accident as per Section 73 of the Traffic Act, for him to inform the police.

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The court decision is likely to pile pressure on road agencies to improve the state of infrastructure and ensure safety measures such as the erection of appropriate warning signs.

In countries such as Britain, local authorities and roads agency pay hefty amounts each year in compensation for car damages due to bad roads.

-nation.africa

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Courts

Long serving US Supreme court Judge and cultural icon Ruth Ginsburg dies at 87

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US Supreme court judge Ruth Bader Ginsburg, the second woman to serve on the apex Court and a pioneering advocate for women’s rights, who in her ninth decade became a much younger generation’s unlikely cultural icon, died on Friday. She was 87.

RBG, as she was popularly known, died in Washington DC  Friday after a long battle with pancreatic cancer.

Born on March 15, 1933, she served on the court  from 1993 until her death in 2020. She was nominated by President Bill Clinton on June 14, 1993.

Ginsburg became the second of four female justices to be confirmed to the Court after Sandra Day O’Connor, the two others being Sonia Sotomayor and Elena Kagan, both of whom are still serving in 2020.

Following O’Connor’s retirement in 2006 and until Sotomayor joined the Court in 2009, she was the only female justice on the Supreme Court.

During that time, Ginsburg became more forceful with her dissents, which were noted by legal observers and in popular culture. She was generally viewed as belonging to the liberal wing of the Court. Ginsburg authored notable majority opinions, including United States v. Virginia (1996), Olmstead v. L.C. (1999), and Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc. (2000).

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Ginsburg was born in Brooklyn, New York. Her older sister died when she was a baby, and her mother, one of her biggest sources of encouragement, died shortly before Ginsburg graduated from high school. She then earned her bachelor’s degree at Cornell University, and became a wife and mother before starting law school at Harvard, where she was one of the few women in her class.

Ginsburg transferred to Columbia Law School, where she graduated tied for first in her class. Following law school, Ginsburg entered into academia. She was a professor at Rutgers Law School and Columbia Law School, teaching civil procedure as one of the few women in her field.

Ginsburg spent a considerable part of her legal career as an advocate for the advancement of gender equality and women’s rights, winning multiple arguments before the Supreme Court. She advocated as a volunteer attorney for the American Civil Liberties Union and was a member of its board of directors and one of its general counsels in the 1970s. In 1980, President Jimmy Carter appointed her to the U.S. Court of Appeals for the District of Columbia Circuit, where she served until her appointment to the Supreme Court. Ginsburg received attention in American popular culture for her fiery liberal dissents and refusal to step down; she was dubbed “The Notorious R.B.G.”, a play on the name of the rapper known as “The Notorious B.I.G.“, in reference to her notable dissents.[3]

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She died at 87 years of age on September 18, 2020, from complications of metastatic pancreatic cancer at her home.\

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Property dispute splits family two decades after inheritance

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More than two decades since a family land dispute in Meru -pitting a father, his son and other family members- was resolved, another property dispute has erupted within the same family.

The row has split the family and the younger members are in fear of being disinherited.

At the centre of the first dispute were Josiah M’Turuchiu (now deceased), his wife Charity Karea and his son Peter Kinga (67), who still lives on a seven-acre piece of land at Mbaaria, Buuri.

Turuchiu invited elders from the Oromo in North Imenti and Kinyenjere clans to his home on May 8, 1999 to help resolve the land dispute with his son, Kinga.

Another point of discussion was Charity Karea, Turuchiu’s estranged wife who used to live in a rented house in Isiolo County. The clans listened to all present, including Gerrard Gitonga, assistant chief of Kiirua-Nkando location.

Turuchiu wanted the clans to support his plans to evict Kinga from where he (Kinga) had built his house, and relocate him to a marshy area the elders thought was unsuitable for any building.

The elders also heard that Turuchiu had also evicted Lucy Mukami, his widowed daughter-in-law.

The clans resolved that Kinga should stay on the seven acres where he had built his house because he had developed it.

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The clan decreed that land parcel No 48 (10 acres) should be shared between Charity Karea (Turuchiu’s wife) and Lucy Mukami.

The elders said Turuchiu should continue cultivating the rest of the land, measuring nine acres. The clan asked Charity to go back home under the clan’s care.

Turuchiu and his wife have since died, leaving behind a divided family who are now feuding over the land and some fear they could be disinherited.

The area under dispute is a different parcel measuring over 10 acres, and contested by M’Turuchiu’s children and grandchildren. Kinga and a section of the family is pitted against his sister Esther Mwendwa, who is also backed by other family members.

Locals were treated to drama after a section of the family invaded the land, leading to a violent confrontation.

Among them is Agnes Mukuba, who, according to a Will written by her grandmother Charity, should alongside her sisters get a share of a two-acre parcel.

“The land does not have a title deed. “We are appealing to the government to help us and ensure the sub-division is done legally,” Mukuba said.

by Standardmedia.co.ke

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‘I will bury father when my siblings respect me’

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The eldest son of the late top police officer, Timothy Mwandi Muumbo, now says he is ready to agree to the burial of his father as so long as his rival siblings begin to respect and listen to him.

Mwinzi Muumbo holds the key to the burial of the octogenarian who has been lying at Lee Funeral Home since 2015 when he died.

On August 6, 2018, Justice M Muigai of the High Court’s family division gave Mwinzi special responsibility of leading his quarrelsome family in burying their father in Nzatani, Mwingi, Kitui County, following a three-year dispute over the venue of his burial.

Mwinzi, alongside the children of Muumbo’s second wife, wanted him buried in Mbakani as per his own wishes.

However, Mwinzi’s siblings from the first wife – Johnstone Kassim Mwandi, Alex Munyasia Muumbo and Carolyn Kalunde Muumbo – insisted he had to be interred in Nzatani.

“The 1st born child of the deceased Mwinzi Muumbo, according to Akamba Customary Law, shall lead all the children of Timothy Mwandi Muumbo with patience, inclusivity and consensus and they, with respect to their eldest brother and now head of Muumbo family, to remove the body of the deceased, facilitate settlement of the outstanding mortuary fees with family, clan, well wishers, and identify the place where the deceased shall be buried in Mwingi/Nzeluni/318,” the judge ruled.

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She also said Mwinzi shall work “jointly and closely” with his brothers Kassim, Munyasia and Billy Mbuvi. The team would also include a clan member, Alphonce Mutwayo Musyimi and their uncle Wilfred Mwinzi Mbuvi.

“All Muumbo family shall/may participate and attend the funeral.”

Harping onto these provisions, Mwinzi stopped last weekend’s burial, saying he neither led them to Lee nor was he involved in the planning. He said he had long conceded on burying his father in Nzatani but that he must be involved in accordance with the court ruling.

“I will allow my father to be buried when we have all agreed on it. They should listen to what I am telling them since I am their elder brother, not the other way round. They should not dictate what I should do,” he told The Standard.

He said they ought to plan the burial together, including the collection of the body. He said there is no point in making their dad to stay in the mortuary any longer, but complained the other side had caused it.

“They have destroyed my father’s reputation with lies,” said Mwinzi.

He also claimed that the other side never wants to see him but he would give it another shot.

READ ALSO:   Lost in morgue: After 3 months of anxiety, family finds daughter's body in mortuary

“I want to try and reach out to them again and see if they will respond. We have to all agree on the date. I can’t decide it on my own, as long as we agree and do things the right way, and they should be respectful about it,” he said.

Mwinzi’s lawyer Ann Githogori said his three siblings from the first wife had long abandoned their father by the time he died, and lost the absolute right to bury him.

They had also taken him to court and accused him of spiting them with intent of destroying them.

In turn, according to court documents, their father said they stood “cursed in the eyes of this world effective the date of this communication… you are no longer my children and I have rejected you and barred you both in total to enter or occupy any of my property, including any business premises and farms anywhere in Kenya Republic”.

The three siblings have however contested all this, and denied the allegations. In the burial flyer that was prepared for last week’s event, Kassim, Munyasia, Caroline and three other siblings from the first family wrote that they were proud of their father.

By Standardmedia.com

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