Court Orders Kenya Power to Pay KSh15.9 Million to Meru Boy Who Lost Arm in Electrocution

Kenya Power’s live electricity wire cost a 16-year-old Meru boy his right arm, ended his schooling, and left him 70% permanently disabled. Eleven years later, the Court of Appeal has upheld a KSh15.9 million compensation award, rejecting the company’s attempt to shift blame to the victim.

The Court of Appeal has dismissed Kenya Power’s attempt to escape liability for a teenager’s devastating electrocution injuries.

The three-judge bench upheld a KSh15.9 million compensation award after rejecting arguments blaming the victim. It found that the electricity distributor had failed to explain how live wires reached an open grazing field.

At the centre of the dispute was Dancun Animantu, who was 16 when tragedy struck. He was herding livestock in Meru County when he encountered exposed high-voltage electricity wires.

The October 30, 2015, accident left him with extensive burns and ultimately cost him his right forearm. His injuries also ended his primary school education and left him permanently disabled.

In a judgement delivered on October 30, 2026, Justices Wanjiru Karanja, Sankole ole Kantai and Abida Ali-Aroni dismissed Kenya Power’s appeal.

They upheld the High Court’s finding that the company was 100% liable.

Deadly Encounter

The accident happened in Kilemi/Kautine area, Antubetwe Location, Igembe North District. Animantu testified that he tripped and fell onto a live electricity wire lying loosely on the ground.

The resulting electric shock left him unconscious before he regained consciousness at Maua Methodist Hospital.

He remained admitted for approximately four months, undergoing treatment for severe electrocution injuries.

Doctors eventually amputated his right forearm below the elbow. He also sustained extensive burns affecting his armpit, shin, ankle, and foot.

The injuries permanently disrupted his education and prospects for independent living.

A right-handed pupil in Class Four, Animantu could no longer write after losing his dominant hand.

Medical specialist Dr Nicholas Koome Guantai assessed his permanent disability at 70%.

He explained that the damaged muscles would not regenerate, leaving permanent physical impairment.

Orthopaedic technologist John Muchoki recommended an advanced myoelectric prosthesis costing KSh8 million.

The German-manufactured artificial limb offered functionality beyond cheaper cosmetic alternatives.

Muchoki estimated maintenance costs at KSh100,000 every five years.

He explained that cheaper prostheses would offer limited movement and inadequate everyday functionality.

Physiotherapist Charles Kariuki Wangai also recommended lifelong therapy and psychological counselling.

He prescribed ankle braces to stabilise the respondent’s weakened left foot.

No Defence

Kenya Power denied responsibility, arguing that Animantu had contributed to the accident.

It accused him of approaching dangerous electricity lines and ignoring safety warnings.

The company also alleged that he had been playing with electrical infrastructure.

It invoked volenti non fit injuria, arguing that he voluntarily exposed himself to danger.

However, the Court of Appeal found no evidence supporting those allegations. Kenya Power had called no witnesses to challenge the teenager’s account.

The judges observed that Animantu provided detailed testimony explaining how the accident happened.

His account was corroborated by medical findings from both parties.

The court noted that the cause of his injuries was never seriously disputed.

Instead, the central question concerned Kenya Power’s responsibility for the exposed electricity wire.

Under Section 52 of the Energy Act, the court considered Kenya Power’s statutory responsibilities.

It emphasised the company’s obligation to inspect, supervise and safely maintain electricity infrastructure.

Once Animantu established a prima facie case, the evidential burden shifted.

Kenya Power needed to explain how its dangerous electricity line reached the grazing field.

But the company offered no witnesses or convincing explanation. The judges therefore accepted Animantu’s uncontroverted testimony.

Rejecting contributory negligence, the court emphasised the teenager’s age and circumstances.

It observed that an ordinary boy herding cattle could not anticipate concealed electrical danger.

The judges further questioned Kenya Power’s reliance on volenti non fit injuria.

They reasoned that the fallen wire demonstrated the company’s failure to maintain safe infrastructure.

Millions Upheld

Kenya Power challenged the compensation, describing the general damages award as excessive.

It proposed reducing the KSh4.5 million award to KSh1.5 million.

However, the appellate judges considered Animantu’s age, disability, and permanent loss. They also examined the consequences of losing his dominant hand.

The court noted that his injuries had effectively ended his primary school education. It found no basis for disturbing the High Court’s assessment.

The company also challenged KSh919,500 awarded as special damages. It argued that the respondent had originally pleaded only KSh669,500.

The additional KSh250,000 represented physiotherapy expenses incurred during proceedings. Animantu produced receipts which the trial court found authentic.

The appellate judges accepted that reasoning, declining to penalise the respondent for continuing treatment.

They found no justification for overturning the special damages award.

The largest disputed component involved KSh10.31 million in future medical expenses. This included the KSh8 million prosthesis and associated long-term treatment costs.

Kenya Power described the projected expenses as speculative and insufficiently supported.

However, the judges found the medical testimony detailed and persuasive.

They relied on Tracom Limited v Hassan Mohamed Adan [2009] eKLR. The precedent recognises that future medical expenses require pleading and sufficient supporting evidence.

The court also noted that Kenya Power presented no suitable, cheaper prosthesis alternative.

Consequently, the judges found no reason to interfere with the award.

Lasting Consequences

The appellate court rejected suggestions that the compensation amounted to unjust enrichment.

It recognised that financial compensation could never restore Animantu’s original physical condition.

In a particularly striking observation, the judges captured the permanent nature of his injuries.

They stated, “He can never purchase another arm to replace the one he lost.”

The statement underscored the limitations of monetary compensation following catastrophic injuries.

An artificial limb might improve functionality without restoring his previous condition.

The judges ultimately dismissed Kenya Power’s appeal in its entirety. They also awarded the costs of the appeal to Animantu.

The decision leaves the High Court’s substantive compensation awards undisturbed.

These comprise KSh4.5 million in general damages, KSh919,500 in special damages, and KSh10.31 million future medical expenses.

READ ALSO: Kenya Power Ordered to Pay Kisumu Man KSh22.3 Million After Decades-Long Trespass

The judgement reinforces electricity distributors’ responsibility to protect the public from dangerous infrastructure.

It also demonstrates the evidential consequences of failing to challenge credible testimony.

For Animantu, the October 2015 accident permanently changed his education and independence. For Kenya Power, the ruling confirms its responsibility for the devastating consequences.

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