A businessman whose truck plunged into the Indian Ocean 15 years ago at a ferry crossing has been awarded Sh6.1 million in compensation after the Court of Appeal found ferry officials at fault.
Mr. Daniel Kiiru of Kinamba General Suppliers and Transport had sued the Kenya Ferry Services (KFS) and Kenya Ports Authority (KPA), claiming their negligence led to the accident.
He argued that the ferry departed prematurely before his truck had fully boarded, causing it to roll into the sea.
Although the High Court had initially dismissed the case, Mr. Kiiru appealed. On April 11, the Court of Appeal ruled partially in his favor, attributing 70% of the blame to ferry officials and 30% to the driver of the truck.
Justices Agnes Murgor, Kibaya Laibuta, and Grace Ngenye-Macharia noted that the ferry captain should have waited for a signal from the ramp operator before departing. They also emphasized the lack of proper communication between the two.
“The captain should not have acted on assumptions. There was no evidence showing he was informed that a truck was still attempting to board,” the judges ruled.
While acknowledging that the truck may have had mechanical issues, the court maintained that it was not a valid reason for the ferry to leave early.
Despite opposition from KFS and KPA, represented by lawyer Farida Jadi, the court sided with Mr. Kiiru, marking a significant win after more than a decade of legal pursuit.
