A magistrate court in Kenya has ruled that Lawrence Patine, a motorist, must pay Sh1.12 million for repair of damaged safety barriers and signage on the Nairobi Expressway. The court found that Patine was responsible for a crash that occurred on April 9, 2025, near Imaara Mall, which damaged the expressway infrastructure.
According to the court, Patine's vehicle veered off the road and struck the expressway infrastructure due to his failure to maintain proper control of the vehicle. The motorist had blamed the accident on heavy rain and flooding, but the court dismissed his defence. The court also rejected Patine's claim that the expressway operator, Moja Expressway Limited, was responsible for the accident due to alleged poor drainage and inadequate warning signs.
The magistrate noted that while rain and wet road surfaces can create hazardous driving conditions, motorists are expected to adjust their speed and driving behaviour to the prevailing circumstances. The court found that Patine had not presented sufficient evidence to show that the road conditions were so extraordinary or unavoidable that a reasonably careful driver could not have maintained control.
Patine had argued that Moja Expressway was responsible for the crash due to its alleged failure to provide adequate drainage, maintain the road in a safe and passable condition, and install sufficient warning signs. However, the court found that his account of the flooding was not supported by independent evidence demonstrating that the expressway had been negligently maintained or that a specific failure by the operator caused the accident.
The motorist was driving a Mitsubishi Outlander towards Section K10+950 of the expressway when the accident occurred. He had joined the expressway from the Southern Bypass and was driving near Imaara Mall when he encountered heavy rainfall and flooding. According to his account, he applied the brakes to reduce speed and maintain control, but the vehicle lost traction on the wet and slippery surface and crashed into the guardrails.
The court rejected Patine's defence and counterclaim, finding that he had failed to establish that the expressway operator was responsible for the accident. The motorist had denied liability and filed a counterclaim seeking compensation for bodily injuries, damage to his vehicle, loss of use, costs, and interest.
The court's decision was based on the evidence presented, which established that Patine failed to maintain sufficient control of the vehicle in the circumstances, causing the collision with the expressway infrastructure.
Key points
- The motorist was ordered to pay Sh1.12 million for repair of damaged safety barriers and signage on the Nairobi Expressway.
