Un-Authorised passanger.

[Elgin]

Hello good people, Straight to the point, A collegue teacher,Dad got involved in an accident, Driving a company owned truck from Kisumu to NBO, Well, ferried two guys and got an accident, the two pass died on the spot! Dad ferried to Nakuru Level 5 hosptital, died a few days later.Kindly advice which legal way to follow. The guy say the company said the dad was carrying unauthorised pass, so no pay fo the late dad having having worked for the company for quite a good number of years, which the way forward wadau...?

 

[Elgin]

@It's Me Scumbag We been keeping cool for sometime, Peana advice ama ujishike!

 

[It's Me Scumbag]

@It's Me Scumbag We been keeping cool for sometime, Peana advice ama ujishike!

The company is right especially so if he had been provided with,read and signed his JD. If he had done so,and a copy is with HR then it means he was breaking company policy with full knowledge.
In many companies,carrying unauthorized passengers and or goods are grounds for summary dismisal.
It is unfortunate that your colleague's dad passed on. The only benefits they can and should get are his NSSF contributions and any other savings that he had while in employment.
Check this almost similar case

Civil Appeal 156 of 2010 - Kenya Law

kenyalaw.org

 

[Elgin]

The company is right especially so if he had been provided with,read and signed his JD. If he had done so,and a copy is with HR then it means he was breaking company policy with full knowledge.
In many companies,carrying unauthorized passengers and or goods are grounds for summary dismisal.
It is unfortunate that your colleague's dad passed on. The only benefits they can and should get are his NSSF contributions and any other savings that he had while in employment.

Civil Appeal 156 of 2010 - Kenya Law

kenyalaw.org

Mr Skampaka, I think a good lawyer is needed right here, the truck was well indicated no pass,should that fall on the hitch riders? Boarding a truck very well indicated at their own risk? They should have been responsible! whar about that? I did ask for real law gurrus yet you jumping from a tree to a another...keep calm.

 

[It's Me Scumbag]

Mr Skampaka, I think a good lawyer is needed right here, the truck was well indicated no pass,should that fall on the hitch riders? Boarding a truck very well indicated at their own risk? They should have been responsible! whar about that? I did ask for real law gurrus yet you jumping from a tree to a another...keep calm.

Did he stop and carry them or did they hitch a ride without his knowledge?

 

[Meria]

Mr Skampaka, I think a good lawyer is needed right here, the truck was well indicated no pass,should that fall on the hitch riders? Boarding a truck very well indicated at their own risk? They should have been responsible! whar about that? I did ask for real law gurrus yet you jumping from a tree to a another...keep calm.

Mwalimu that's a tall order.
Hio pesa mnalipa lawyer patieni family.
The company is right.
Ata insurance inaweza ruka hio claim

 

[Elgin]

Mwalimu that's a tall order.
Hio pesa mnalipa lawyer patieni family.
The company is right.
Ata insurance inaweza ruka hio claim

Aha, Sometime back used to hitch some truck from Makutano to Salama, 60bob. Now its very clear you better have your own means, cuz even mathrees are overloaded! Now what happens in such a scenario, Overloaded then an accident!

 

[Meria]

Aha, Sometime back used to hitch some truck from Makutano to Salama, 60bob. Now its very clear you better have your own means, cuz even mathrees are overloaded! Now what happens in such a scenario, Overloaded then an accident!

Insurance inaruka juu kama maasai na wanasema apan tambua

 

[Nattydread]

The insurance can deny the passengers, but a good lawyer shoukd be able to argue in favour of the driver.

 

[Anglututu]

@Elgin i feel your pain, lakini rules and laws are there and you do not know how serious they are until the day incidents like these happen and one looses their family plus the company benefits.
That's why we also advocate to do the right thing, one has nothing to loose.
Insurance guys investigate claims to the later and incase of this incident, the company will try recover cost through insurance, cost being their vehicle.
In regards to public or private transport, the insurance only pays for the number of persons the vehicle is insured to carry according to the cover taken. Insurers always gets away because you find public transport guys breaking the rules.
It's simple but...

 

[Aviator]

Mr Skampaka, I think a good lawyer is needed right here, the truck was well indicated no pass,should that fall on the hitch riders? Boarding a truck very well indicated at their own risk? They should have been responsible! whar about that? I did ask for real law gurrus yet you jumping from a tree to a another...keep calm.

You can't be asking for advice and expecting what to be told at the same time. Skum-nugu told you the bitter truth.

 

[Ngimanene na Muchere]

Oneni insurance investigator za macho, consider it rewarding them for doing a job well

 

[Field Marshal]

The insurance can deny the passengers, but a good lawyer shoukd be able to argue in favour of the driver.

Nope. As scumbag points out, the driver broke workplace policy. The illegal passengers could have contributed to the accident. He cannot therefore benefit from an illegality.