Families sue Kenyan store over deaths

February 5, 2010 12:00 am

, NAIROBI, Kenya, Feb 5 – Families of two victims of the Nakumatt Downtown fire disaster have sued the retail chain and the City Council of Nairobi (CCN) for the loss of their loved ones.

Nicholas Wainaina Ndugi, the father of the late actress Angela Wainanina and Sarah Mutheu Kivuvo, widow of the late Tusker FC Chief Executive Officer Peter Serry Odera Hweny are seeking damages for the loss of the duo early last year.

They have accused Nakumatt and CCN of negligence and carelessness, claiming the deaths of the deceased occurred as a result of breach of duty on the part of the defendants.

The plaintiffs allege that Nakumatt and CCN are liable because they failed to provide and maintain adequate fire fighting appliances at its premises when the inferno occurred on January 28 last year.

In the plaint filed on Friday, the families are also accusing Nakumatt of failing to provide adequate precautions for the safety of its customers while shopping at its premises.

The City Council of Nairobi on the other hand has been blamed for, among other things, failing to act in good time to put out the fire and ensuring that the supermarket was compliant in regard to fire safety preparedness.

They also allege that CCN was poorly organised in the manner they reacted to the accident and failed to commit sufficient resources to search for, aid or save the injured customers and especially the deceased.

They are claiming special and general damages under the Law Reform Act and Fatal Accidents for loss of dependency for the deceased\’s dependents, pain and suffering, amenities and expectation of life.

Ms Kivuvo says her three children who solely depended on her late husband have suffered loss and damage.


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