Buruburu Quickmart manager arraigned in court over assault of siblings in ATM milk dispute

The deputy manager of the Quickmart supermarket at the Buruburu outlet has been charged with assaulting two siblings over a misunderstanding at the milk dispensing ATM.

Simon Kagwe is accused of assaulting Beatrice Bengai, who was accompanied by her younger brother, a minor. The court heard that Kagwe caused actual bodily harm on August 3, following a dispute over allegedly stolen milk.

The siblings had gone to purchase two litres of milk. Upon finding no attendant at the milk ATM, they assumed it was self-service, dispensed the milk themselves, and paid at the counter, receiving a receipt.

Shortly after, an attendant approached them and confirmed they had made payment.

However, another employee alerted Kagwe, who accused the children of stealing 57 litres of milk, an impossible claim, considering that the two-litre bottle they were carrying could not hold such an amount of milk.

He asked them for their parents' contact and called their father, summoning him to the retailer to pay for 57 litres of milk, which had been stolen and was required to be paid for. He arrived immediately, found his children assaulted and ordered to kneel, and he left to report the matter to the police.

Investigations revealed that the children had indeed paid for the milk and that there was no signage instructing customers to wait for assistance at the milk ATM.

Moreover, there was no proof of intended theft, as the complainants had paid and served themselves the quantity of milk they had paid for, and Kagwe was shown receipts by the attendants and the complainants, too.

Kagwe later apologised, but the damage had already been done.

The supermarket issued a public apology over the incident and condemned Kagwe for his actions.

Kagwe denied the charges before Chief Magistrate Beatrice Kimemia at Makadara Law Courts and was released on a cash bail of Sh 80,000 or a bond of Sh100,000. The case will be mentioned on 27 August for pre-trial.