Nairobi Cyclist Knocked By Boda Boda Man Awarded KSh 265k As Rider Is Jailed

• On June 9, a cyclist was badly hit by a boda boda man who was riding on the wrong side of the road along the Eastern Bypass
• At the time of the accident, the motorcycle had no valid insurance cover, and this prompted the cyclist to pursue the owner for the damages
• Sports lawyer Kithinji Kiki, also a cyclist, represented the cyclist in court and said the ruling sets a good precedent that would enhance safety on Kenyan roads
• The rider of the motorcycle was slapped with a 3-month jail term for careless driving and driving without a licence

A Nairobi court has awarded a cyclist KSh 265,000 in damages after he was involved in a brutal crash with a boda boda rider along the Eastern Bypass.

Milimani court: Respondent is 100% liable

The judgement by Honourable Baraka Xavier Francis of the small claims court in Milimani sets a precedent that would enhance safety on the roads by holding drivers and riders accountable for their actions.

At the time of the accident, the motorcycle was in the hands of a delivery guy who was riding on the wrong side.

The court slapped the fine on the owner of the motorcycle, who operates an animal feeds business known as Donge Millers along the busy bypass.

“The respondent is the beneficial and possessory owner of the motorcycle. He is 100% liable for the accident. Judgment is entered in favour of the claimant,” the court ruled.

On the day of the incident, June 9, this year, at around 3.30pm, the cyclist was riding on the road shoulder of the bypass when the boda boda man carrying 10 sacks of 25kg feeds rammed into him at high speed, thrusting him on the tarmac.

Videos of the accident

The accident was captured on a body camera and trended on social media for a long time after it was shared within a cycling community.

Luckily, at the time of the accident, there was no vehicle trailing the cyclist and thus, he was able to walk out from the middle of the road without further incident that could have been life-threatening.

“He appeared ahead of me at high speeds and there was little I could before the crash…I was hurt on my face, upper limb, fingers and knees. This could have been worse. On the material day, I was well dressed…fully kitted in leather gloves, helmet, cycling shoes, elbow and knee guard. That is what reduced the impact of the crash and fall.

I pray for a quick settlement so that I can fix my bike, It is still lying at a repair shop since the police released it to me,” the cyclist told TUKO.co.ke.

Boda boda man surrenders at Ruiru Traffic Base

After the crash, the rider willingly accompanied the cyclist to Ruiru Police Station, where he reported the accident.

The boda boda man was immediately detained and charged with careless driving, driving without licence and insurance and was jailed for 3 months.

Sports Lawyer Kithinji Kiki, who represented the cyclist in court, argued that though the official registration documents showed that the motorcycle did not belong to the owner of Donge Miller Shop, his testimony showed he was the beneficiary.

“The Traffic Act recognises the fact that oftentimes, motor vehicles change hands but the records are not amended to reflect the change. As such, Section 8 of the Traffic Act contemplates that there may be actual, possessory or beneficial ownership of a motor vehicle which can exist independent of registration,” she argued.

Kithinji urged cyclists involved in similar incidents not to shy away from taking legal action against rogue drivers and riders, insisting this will make Kenyan roads safer.

“Firstly, you have the legal recourse, the right to demand compensation in simple terms. Some boxes need to be ticked to get legal recourse, including getting the registration number of whoever hit you.

Like in most accidents, you have to report the case to the police station, where you will get all the relevant documents needed for the case," said Kithinji, who observed that such cases were rife in Kenya, especially Nairobi.