Nairobi City County has been given 7 days to admit liability for assaulting a socks Hawker by fracturing his Jaw and damaging his teeth for an alleged Ksh100 bribe.
Anthoney Maina, through his Lawyer Harrison Musyoka, demands from the City-County immediate written admission of sole and vicarious liability for the grievous harm and loss caused to him by the county officers upon which the lawyer shall proceed to address the City County on the special and general damages for compensation.
"TAKE NOTICE that if in the next seven (7) days from the date hereof we shall not have received an admission of sole and vicarious liability for the grievous harm and loss caused to our client, we have strict and firm instructions to institute legal proceedings against you for special damages, general damages, interests and all incidentals thereto, without any further delay," read the letter.
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"Our client is a hardworking Kenyan citizen who duly contributes to the ultimate economy of the country, however small a contribution it may be. In addition, he is the sole breadwinner of his young family, his wife having just given birth a few days ago" it continues
On or about 2nd July 2021 at around 7:30 pm Anthoney was undertaking his small business of selling apparel while stationed along the Odeon Cinema, in Nairobi.
While he was carrying out his business, he was approached by three or so county officers who sought him to part with Kenya Shillings One Hundred Only (Ksh100/=) so that they could allow him to proceed with his business in peace.
However, since he did not have the said amount and did not want to be harassed, he offered to grant them the amount once he had undertaken some sales of his goods.
It was at that point that the said county officers started landing blows, kick and weaponized clubs on him. They further proceeded to handcuff him as they went on with their frolic of assaulting him until he was rendered unconscious.
The father of one woke up to find himself in the hands of strangers who were trying to resuscitate him and the said officers having disappeared, nowhere to be seen.
The strangers helped Anthoney to the county vehicle that the county officers were using, bearing the number 160, which was parked nearby so that he could be taken to the hospital but the same was abandoned there by the county officers who assaulted him.
In the letter addressed to Nairobi City County dated July 23, 2021, the lawyer says his client was rushed to the City Health that was nearby and along Odeon, where he received first aid treatment and later referred to Kiambu level 5
Hospital for further specialized treatment of the serious injuries inflicted upon him.
"Our client then visited Elephant Dental, Githurai 45 Branch on the same date where it was determined that he had suffered two fractures on his lower jaw. He was treated in Kiambu Level 5 Hospital the next day, after which he was further referred to Kenyatta National Hospital for further treatment. He went on to receive further treatment at Mama Lucy Hospital in which his fractured lower jaw and teeth were infused and put together using metal plates and support" read the letter
The letter further says that Anthoney has since been forced to make regular visits to Mama Lucy Hospital for intermaxillary fixation and further treatment.
It states that since then Anthoney has not been able to speak properly and is continuously gripped by pain. In addition, he cannot eat solid foods because of the grievous injuries he received from the county officers.
"To make matters worse, he has not been able to provide for his young family, having been the sole breadwinner, and having spent a lot of money for the hospital visits. All this because our client lacked Kenya Shillings One Hundred (Kshs 100) to give the county officers!" Said the lawyer in the letter.
