BY SAM ALFAN.
Nairobi Senator Mike Sonko has expressed intention to appeal a decision by the High Court that denied 300 victims of Sinai slum fire Sh25 billion.
Sonko told the court that he was dissatisfied with the decision and it for that reason that he must appeal it.
“Take notice that the petitioner Gideon Mbuvi Sonko being dissatisfied with the decision and judgement of the honorable Justice Edward Muriithi given at Nairobi on 6th February 2017 intends to appeal to the court of appeal against the whole of the said judgement,” reads the notice of appeal.
The high court could not award the victims any damages as they had not requested.
Judge Mureithi directed the Sinai fire victim to file a proper suit where they will claim for damages to recover personal injury damages.
The court further ruled that the claimants are obliged to file a suit in negligence for recovery of damages where each claimant will have to each prove his individual loss in addition to establish the test of liability with regard to breach of duty, causations and damages.
“It is unnecessary whether to decide whether the claimants may recover personal injury damages through a constitutional law as there is already a procedure in common law and statute through which he matter may be conveniently and full resolved.
Kenya Pipeline Company intends to relocate them from the Sinai slum.
Judge Mureithi said that the resident should enjoy their rights to health, proper sanitation, adequate housing and dignity in accordance with the Urban Areas and Cities Act 2011.
More than a hundred people died in the slum fire on September 12, 2011 following an oil spill from KPC pipes.
Senator Sonko grounds of appeal includes such facts as outlined below.
Sonko says Justice Muruiki was new in the matter,and he could have reffered the case for denovo or start the hearing afresh so as to allow him to scrutunise the evidence including the video clips submitted in petition.
“It was wrong for him just to write a judgement without hearing the case or even seeing the injuries the victims sustained during the sinai fire tragedy” said Sonko.
Some of the witnesses including Sonko wept at the sight of the burning bodies and the chaos depicted in the 10-minute video.
A graphic video clip captured during the Sinai fire tragedy played in court during the hearing of a case seeking compensation for the survivors.
The video depicting the magnitude of the tragedy where 100 people died and many others injured was captured moments after the blaze broke out in the densely populated slum, the court heard.
It whipped up emotions with witnesses breaking down in tears.
The lead witness, Nairobi Senator Mike Sonko, presented the video as part of the evidence against Kenya Pipeline Company and the government institutions he sued for negligence over the fire.
Sonko filed the case seeking justice for the victims.