Parents demand Sh36m for girl crushed to death while cycling

On December 16, last year, eight-year-old Aisha Faysal Mohamed was happily riding her bicycle at the Mugoya Estate in South C, Nairobi County.

A few blocks from her home, Elizabeth Odede was constructing a house. Aisha’s parents claim in court papers that the construction site had been declared illegal a month earlier, but the activities continued unabated.

It was a lorry delivering building materials that turned into a nightmare for Aisha’s parents. The truck allegedly knocked her down, killing her.

Her parents, Ayan Arab and Faysal Mohammed, have sued the lorry owner, Mary Wambui, and the driver, Anthony Waria, arguing that residents, including children, are permitted to cycle and walk within the estate.

However, they claim Waria drove recklessly and knocked down their daughter.

“Given the residential setting and the foreseeable presence of children, the operation of a heavy commercial vehicle within the estate required heightened vigilance, low speed, active supervision and strict safety controls.

‘‘The defendants failed to institute and/or observe such controls, thereby exposing the deceased to a foreseeable and preventable risk of death,” their lawyer, Abdullahi Khalif, argued.

Khalif further argued that Wambui was vicariously liable for Waria’s actions for allegedly failing to ensure that the vehicle was operated safely and with due care.

He also argued that Waria ought to have driven cautiously within the estate and taken evasive action to avoid the accident.

According to the lawyer, the vehicle was allegedly being driven at high speed.

He added that police had recommended that Waria be charged with dangerous driving.

The case is significant because it also seeks to hold Odede liable for the accident.

Khalif argued that she ought to have ensured that the construction activities and the movement of heavy vehicles were conducted safely in a residential estate with children.

According to him, Odede should have restricted and supervised the movement of the lorry to ensure it did not expose residents to danger or harm.

“As a result of the accident and the subsequent death of the deceased, the second plaintiff suffered severe emotional shock and psychological trauma upon receiving news of the fatal injuries sustained by the deceased,” he said.

Aisha’s parents want the trio to pay at least Sh36 million, arguing that, as a United States citizen, she had a promising future and would likely have built a successful career there.

“At the time of her death, the deceased was a brilliant pupil with a promising future whose life was cut short as a result of the accident. She enjoyed good health and lived a happy and vigorous life.

‘‘She would have used her future income to support her family, and by her death, they have lost that means of support and have therefore suffered loss and damage,” they said.
In her supporting affidavit, Ayan said that on the fateful day she was inside their house while her daughter was outside playing with other children, as was the norm.

“While I was in the house, I heard a frantic knock at my door followed by loud screaming.
“To my absolute horror and utter confusion, I saw my daughter, Aisha, lying motionless on the ground. She was positioned directly under the back left rear tyre of the said lorry. Her bicycle was also crushed and lodged under the vehicle,” Ayan recalled.

The defendants are yet to file their response, and the case will be mentioned before Milimani Court Magistrate Louisa Adisa on October 22.