By Sam Alfan.

Kirinyaga County Government has been ordered to pay Sh3.5 million as special damages to the man whose wife was ran over by a county grader killing her on the spot.

Judge Edward Muriithi allowed application by Paul Gichangi seeking to compel the county’s finance executive Jacqueline Njogu and the Chief Officer, Finance Charles Calirus Otieno to pay the money as directed by a Baricho court.

The trial court had ordered the county to pay Sh2,715,422 together with costs and interest amount to Sh3.5 million.

The judge said that execution proceedings against a government or public authority can only be made against the accounting officer or chief officer, who is under a statutory duty to satisfy such a judgment.

The judge added that Gichangi had a legitimate expectation that the two county officials would settle the claim but that they had failed to do so, without any explanation or justification.

“Accordingly, for the reasons set out above, the Court finds merit in the application dated 15 August 2024 for judicial review order of Mandamus, and it is granted as prayed,” ordered Judge Muriithi.

Gichangi told the court that Baricho law courts entered judgment in his favour after he filed application seeking for general and special damages arising from the death of my wife Rose Wamuyu Muriithi.

The woman was ran over by a county grader registration No. GKA 745M on 17 March 2017.

The widower said the judgment had accrued interest at court rate of 14 percent since 10 February 2023 amounting to Sh. 570, 237, bringing the total sum due and payable to Sh. 3,504,274.

He told the court the sum remains due and payable as the county has failed to pay hence writ of mandamus should issue.

Court heard that his lawyer wrote to the county Government CEC and Chief Financial officer demanding payment of the decretal amount but they declined to pay and was issued with a decree and Certificate of Execution against the Government to proceed with execution.