A motorist who sought damages after a collision with an ambulance has instead been ordered to pay over Sh770,000 to the hospital involved.
Maurice Otieno Owiti had filed a case against Eagle Health and Clinic, claiming their ambulance rammed into his car along the Nairobi Expressway on June 5, 2023. He wanted compensation for damages, including special damages, loss of vehicle use, and legal costs. However, the Small Claims Court found him entirely liable for the accident, ruling that he failed to give way to an emergency vehicle, despite it having its sirens, hazard lights, and headlights flashing.
The court ordered Owiti to pay Sh778,769 to the hospital. Unhappy with the ruling, he appealed to the High Court, arguing that the lower court erred in holding him responsible.
He maintained that the ambulance driver was to blame for not keeping a safe distance, and that he had not deliberately obstructed the ambulance.
Owiti presented a photo as evidence, claiming the ambulance struck the middle of his car. He argued this contradicted the initial judgment, which implied he had swerved into the ambulance’s lane.
He further challenged the lower court’s conclusion that he changed lanes without indicating and attempted to dodge an obstacle by entering the ambulance’s path.
In response, Eagle Health maintained the earlier ruling was sound. They pointed out that appeals from the Small Claims Court should only address points of law, and in their view, Otieno’s challenge did not meet that threshold.
Justice Teresiah Ouya of the High Court upheld the original decision. She noted that the central issue was whether ambulances must follow standard traffic rules or whether their emergency status exempts them in urgent situations.
The judge cited Rule 83 of the Traffic Rules, which requires drivers to yield to emergency vehicles displaying sirens and lights.
Justice Ouya ruled that Otieno had failed in his duty to yield, and the evidence supported the conclusion that the ambulance was not at fault. She dismissed the appeal and ordered Otieno to cover legal costs for both court levels.
“The appeal lacks merit and is hereby dismissed with costs,” the judge declared, bringing the legal battle to a close.
By Kenyans