IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gicheru, Cockar and Muli JJ A)
CIVIL APPEAL NO 51 OF 1989
MUNICIPAL COUNCIL OF NAKURU and ANOTHER ........... APPELLANTS
VERSUS
GATHIAYA........................................................... RESPONDENT
JUDGMENT
This is yet another instance in which a young man’s life has been battered and shattered as a result of a motor accident which occurred on the 11th September, 1975 near Nakuru Town. The respondent was walking on the left side pavement of Nakuru - Nairobi Road when he was violently hit from behind by a vehicle registration number KNR 1 owned by the 1st appellant and, at the material time, being driven by the 2nd appellant in the course and scope of his employment with the 1st appellant. It was about 11.30 pm, when the respondent and other school children left State House after entertaining the late President. The group of the children including the respondent had just crossed the main Nairobi – Nakuru Road and was walking on their left side…