Hawker gets Sh430,000 after losing teeth in scuffle with county askaris
By Josphat Thiongó
| August 4th 2021
A hawker who lost teeth after he was allegedly roughed up by Nairobi City County askaris agreed to an out of court settlement.
Anthony Maina, 25, who sells socks along Tom Mboya street, opted to withdraw the case in court after three county officers accused of attacking him, offered Sh427,200 compensation.
According to court documents seen by The Standard, the country askaris Humphrey Muswangi, Hassan Chege and Dennis Macharia, accepted personal liability jointly for assault on Mr Maina and offered the monetary settlement.
The hawker will receive Sh300,000 for the loss and damage of five teeth at Sh60,000 each, another Sh56,000 for a broken jaw connection, Sh37,800 for food, Sh15,000 for rent, Sh14,400 for clinic visits and Sh4,000 for transport.
“It is hereby agreed that Humphrey Muswangi, Hassan Chege and Dennis Macharia unequivocally, jointly and severally, admit and accept their personal liability over the assault on Anthony Maina on July 2 that caused him grievous harm and loss,” stated the documents.
“The parties accept to be bound by this agreement upon signing herein below and perform their obligation as herein above,” it added.
It was further agreed that Sh427,200 shall be paid directly to Maina through mobile money or in cash. Notably, Sh160,000 is to be paid in cash on August 3, while Sh50,000 through mobile money on August 4.
The final payment of Sh217,200 shall be paid on or before August 17.
“Anthony Maina accepts the offer of the respondents herein as complete and full payment as compensation in this matter and thereby forfeit any other claim with regard to this matter,” added the documents.
Maina was on July 2 plying his trade when he was accosted by county askaris who demanded a Sh100 bribe. Unfortunately, he only had Sh20, which they reportedly declined saying it was too little.
The hawker's family said the three askaris handcuffed Maina and hit him with a metal rode before taking off in the county vehicle.
He was rushed to Mama Lucy Hospital before the family reported the incident to Central Police Station.
The development comes after the assembly raised concern over brute force used by county askaris in enforcing city by-laws.
Nairobi South MCA Waithera Chege, last week called for action against the perpetrators saying such heinous acts should not be entertained.
“The hawker was allegedly handcuffed and brutally whipped with a metal rod by the county askaris before they exited the scene in a county registered vehicle,” she told the House.
She challenged the county leadership to take action against rogue askaris, saying the Executive and the Nairobi Metropolitan Service were working to end brutality by city inspectorate officers.
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