A Chinese tourist’s family has been awarded 23 million Chinese Yuan as compensation after suing Keekorok Lodge, Masai Mara for negligence that led to the death of their kin, Luo Jinli
Jinli was stabbed by their tour guide after a quarrel ensued over sitting space during dinner at Keekorok Lodge in Maasai Mara National Park in 2016.
“The evidence and circumstances of this case is an indictment of the defendant for breach of duty of care, quite contrary to their submission,” the court noted.
Conrad Maloba the family’s lawyer told the court heard that the family checked in to the facility on August 8, 2016.
Bai Jiang, a Chinese national is the tour guide accused of stabbing Luo Jinli.
“The defendant under the law being the occupier of premises owes a common duty of care to its visitors which is a duty to take such care as in all the circumstances of the case is reasonable to see that visitors will be reasonably be safe in using the premises.”
The family had gone to the restaurant to have dinner when a verbal altercation occurred between the deceased and the guide which saw the defendant reaching for the knife and stabbing the deceased.
“Chagpin left the table and returned with a steak knife from one of the tables in the restaurant. He used the knife to stab both the plaintiff and the deceased,” reads the judgment.
According to the court, the deceased would have lived to work for up to 60 years, seeing the defendant serve a larger jail term.
“Therefore considering the vicissitudes of life, a multiplier of 15 years would be appropriate,” the court added.
The family of the late Luo Jinli, who was 45 at the time of his death has also been awarded Ksh20 million(1 Chinese yuan) for the emotional turmoil they underwent, adding that Keekorok Lodge Masai Mara is fully liable.
Keekorok Lodge Masai Mara in their defense said that there are adequate security measures at all times, laying blame on the tourists for failing to report the altercation before it escalated saying they had every opportunity to do so.