Lawyer Ahmednasir Abdullahi has been ordered to release three government car that he has seized. The highly popular Senior Counsel was ordered to release the three cars belonging to the State agency Kenya National Highways Authority (KeNHA).
He had seized the cars late last year after winning a court case. Mr. Abdullahi had sued KeNHA for compensation after a shrapnel from a road under repair hit the windscreen of the Bentley.
“The award above amount as special damages clearly restores the plaintiff (the counsel) to the position he was before his car’s windscreen was damaged,” said magistrate Edwin Mulochi in the ruling.
According to Mr. Ahmednassir, the damage was caused by stones and shrapnel emanating from the work that was being undertaken by Kenha. He described this as negligent on the part of the officials repairing the road. The magistrate however declined to award general damages saying doing so will amount to unjust enrichment.
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Ahmednassir had told the court that he had planned to do a road trip with his two daughters to Tanzania before the accident happened. He set out for the trip on the Nairobi-Namanga road on the morning of August 25, 2018. Five days later on his way back employees of Kenha who were repairing the road damaged his car windscreen.
Following this ruling, Abdullahi went on and seized the vehicles after KeNHA delayed payment of his award. However, in a ruling that was delivered by Justice Chacha Mwita, Lawyer Ahmednasir has been ordered to release the vehicles since he cannot auction government property. “In the end, having considered the twin applications, submissions and the law, it is this court’s finding that section 68 of Kenya Roads Act, restricts attachment of the applicant’s assets, and therefore, no attachment should have taken place,” Justice Mwita ruled. He then ordered Director General of KeNHA to pay the debt without delay.
It is estimated that a Bentley costs between Sh. 30 million and Sh. 51 million per unit.