Woman assaulted, thrown out by Super Metro bus driver awarded Sh420,000 compensation

The High Court has awarded Ksh. 420,000 in compensation to Wairimu Muthoni Wachira following a violent assault she endured aboard a Super Metro bus on August 7, 2018.

Justice Lawrence Mugambi delivered the judgment, holding Super Metro Sacco and the bus owner, vicariously liable for the indignity, violence, and property loss inflicted on the petitioner by their agents.

The Incident involving Super Metro

Ms. Wachira boarded the bus, registration number KCH 434T, intending to travel to Stima Sacco for a deposit.

She soon realized the bus was heading in the wrong direction, prompting her to request a stop. What followed was a traumatic experience:

The bus conductor refused to return her change after she paid the fare.

An altercation ensued, leading to the driver violently ejecting her from the moving bus, causing physical injuries.
She was slapped repeatedly by the driver, causing her to bleed.

Her belongings were thrown out of the bus, and upon inspection, Ksh. 80,000 in cash and a gold pendant were missing.

Court’s Findings

Justice Mugambi determined that the actions of the bus crew violated Ms. Wachira’s fundamental rights, specifically:

• Dignity (Article 28 of the Constitution): The court found the forceful ejection and public humiliation of the petitioner as a violation of her inherent dignity.
• Freedom and Security (Article 29(c)): The violent slapping and assault infringed upon her freedom from violence and degrading treatment.
• Property Rights (Article 40): The theft of her cash and gold pendant was a clear violation of her constitutional right to property.

Legal Precedent

In determining the appropriate remedy, the court relied on principles established in the Supreme Court case of Charles Muturi Macharia & 6 Others v. Standard-Group & 4 Others.

Judgment underscored that compensation for constitutional rights violations serves to vindicate the victim’s rights and affirm the gravity of the violation, rather than punish the perpetrator.

Justice Mugambi emphasized:

“The purpose of constitutional relief of an award of compensation is not necessarily intended to punish the violator but only to vindicate the right of the victim.”

Compensation

The court considered the indignity and harm suffered by Ms. Wachira, including:

• Physical injuries from being thrown out of the bus.
• Emotional trauma from the assault.
• Financial losses, including the stolen cash and gold pendant.

In light of these circumstances, the court deemed Ksh. 420,000 as “fair and reasonable” compensation for the violations suffered.

Implications of the Ruling

This ruling highlights the importance of accountability in public transport systems and the protection of passengers’ rights.

It serves as a reminder to transport companies and their operators that they bear responsibility for the actions of their employees.

The judgment also sheds light on the systemic violence and harassment faced by women in public spaces, reinforcing the need for stronger measures to ensure their safety and dignity.

Ms. Wachira’s case underscores the critical role of the judiciary in upholding the rights of individuals against abuse and violence.

The compensation awarded not only provides redress for her ordeal but also sets a precedent for addressing similar cases of public transport-related violence and harassment.