In a precedent-setting ruling, the Small Claims Court in Milimani has ordered The Tunnel Club to compensate a patron, Levi Munyeri, after his vehicle was broken into while parked at the club’s premises.

The judgment followed a suit filed by Munyeri, who accused the club of negligence in safeguarding his property during his visit on 0th April 20, 2024.

Court documents reveal that Munyeri’s vehicle was broken into at the club’s parking lot at Pili Trade Centre along Mombasa Road.

The thieves smashed a car window, stealing a laptop, a laptop bag, and personal data.

"The Claimant brought this suit vide a Statement of Claim dated August 30, 2024, amended on 7th October 2024, seeking compensation for losses suffered on the night of April 20, 2024, after his vehicle was broken into while parked at the Respondent's premises, "The Tunnel Club" at Pili Trade Centre along Mombasa Road," the court documents read.

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"The Claimant alleged that the Respondent, through its security personnel, was negligent in safeguarding his vehicle, leading to damage to his car window, theft of a laptop and a laptop bag, and loss of personal data."

Munyeri, who sought Sh731,000 in special damages alongside additional compensation and costs, argued that the club failed in its duty of care to protect customers' vehicles parked within its premises.

Despite being served with the legal documents, The Tunnel Club did not respond or appear in court, leading to an interlocutory judgment against it.

“The Respondent, despite being served with the pleadings, failed to enter appearance or file a Response, resulting in interlocutory judgment being entered against it on October 30, 2024,” the court papers stated.

Taking to social media after the judgment, Munyeri urged Kenyans to hold businesses accountable for negligence.

“I successfully sued The Tunnel Club after thieves broke into my car and stole a laptop, while I was in the club. Clubs owe a duty of care to their customers who have parked within their premises. If you suffer a car break-in, sue and teach negligent clubs a lesson, Munyeri tweeted.

"A fine lawyer should easily trash 'park at your risk' nonsense. I am spending money at your premises, and you cannot secure my car?” 

Munyeri further pointed to legal principles that could assist other claimants. “Refer to 'contra proferentem rule' and the law of contract on 'exclusion clauses,’” he advised.

This ruling serves as a wake-up call for establishments to take greater responsibility for the safety of their patrons’ property.

It also highlights the growing willingness of Kenyans to challenge exclusion clauses often used by businesses to evade liability.