Onyango is employed by Tropical College in Nairobi as a driver while he was transporting some of the college students to the cit
y centre after classes; His attention was diverted when he saw some girls playing netball in a field next to the road. He lost control of the bus which then landed in a ditch and Wafula one of the students aboard was injured. Wafula seeks your advice as to whether he should sue the college or Onyango for damages for negligence. What advice would you give Wafula?
The college is responsible for keeping the student's safe atleast while they are still in the custody of the school. The college is also responsible for hiring drivers in whose hands the life of the students lies during transport. Therefore based on the narration given, which gives clear evidence showcasing negligence on the path of the driver. In other to forestall future occurence, the college should be sued for their driver's negligence being the employer. The college may decide to come up with more rigorous employment tests when hiring to forestall avoidable mistakes of this sort in the future.
