The West Kenya Sugar Company has been directed to compensate the family of a motorcyclist who lost his life in a tragic accident three years ago. Justice Reuben Nyakundi upheld the ruling of an Eldoret magistrate, affirming that the company’s tractor driver was responsible for the accident. The judge stated that the collision occurred because the tractor driver, preoccupied with an extended load, failed to notice other road users, leading to the fatal accident involving Edward Maserabu’s motorcycle on August 14, 2020, along the Turbo-Webuye road.
The court determined that the sugar company was 70% liable, and the motorcyclist shared 30% of the blame. The sugar miller had appealed the judgment, arguing that the trial magistrate had misjudged the evidence and sought to distribute the liability equally between both parties. Although the High Court judge reduced the initial compensation amount by approximately Sh2 million, the company is still required to pay Sh11.9 million to the deceased motorcyclist’s family. The company’s plea to assign 50% responsibility to each party was rejected, as the evidence presented did not support such a division. Additionally, the firm’s claim that ongoing police investigations had not concluded was not deemed sufficient to contest the established liability.