PREMIUM Under Kenyan law, can matatu crew be held liable for abandoning sick passenger? Matatu crews operate under a non‑verbal contract of carriage with every passenger they transport. DN2 Just now Listen

This failure to act, especially within the crew’s line of duty, may satisfy the threshold for criminal negligence.

Courts have held PSV operators liable for breaching duty of care even when harm arose from circumstances beyond the passenger’s control.

If the crew’s omission contributed to harm or death, the court may interpret this as a violation of their statutory and contractual duty to safeguard passengers.