[2018] KEHC 9240 (KLR)
The court found that the plaintiff had proved dependency at Ksh.9,000 per month, supported by uncontroverted evidence. The court applied a multiplier of 20 years, given the deceased's age of 30, and calculated the dependency award accordingly. Special damages were awarded based on receipts produced for funeral...
Source-derived case information.
- Citation
- [2018] KEHC 9240 (KLR)
- Parties
- Plaintiff: Bernard Mulilu (Suing as the administrator of the estate of Anthony Shitsilu Mulilu, Deceased); Defendant: Lenga Distributors Company Limited; Defendant: Raphael Mbugua Gakuru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 92 of 2011
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff against the defendants jointly and severally
- Judges
- BT Jaden
- Legal Topics
- Fatal Accidents, Dependency Claims, Special Damages, Assessment of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bernard Mulilu (Suing as the administrator of the estate of Anthony Shitsilu Mulilu, Deceased)
Plaintiff
Lenga Distributors Company Limited
Defendant
Raphael Mbugua Gakuru
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff proved dependency and special damages as claimed.
- 2 What is the appropriate quantum of damages for pain and suffering, loss of expectation of life, and dependency.
- 3 Whether the defendants are jointly and severally liable for the sum awarded.
Ratio Decidendi
The court found that the plaintiff had proved dependency at Ksh.9,000 per month, supported by uncontroverted evidence. The court applied a multiplier of 20 years, given the deceased's age of 30, and calculated the dependency award accordingly. Special damages were awarded based on receipts produced for funeral expenses and police abstract, but not for the death certificate due to lack of proof. The total sum proved was Ksh.886,800, reduced by 20% to account for contributory negligence, resulting in a final award of Ksh.841,360. Judgment was entered jointly and severally against the defendants for this amount, with interest and costs.
Court Disposition
judgment for the plaintiff against the defendants jointly and severally
Orders
- The plaintiff is awarded Ksh.841,360 against the defendants jointly and severally.
- The sum awarded shall attract interest and costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
HIGH COURT CIVIL CASE NO. 92 OF 2011
BERNARD MULILU(Suing as the administrator of.................................PLAINTIFF
the estate of ANTHONY SHITSILU MULILU (Deceased)
VERSUS
LENGA DISTRIBUTORS COMPANY LIMITED.....................1ST DEFENDANT
RAPHAEL MBUGUA GAKURU................................................2ND DEFENDANT
JUDGMENT
1. On 20th July, 2018, judgment on liability was entered at 20% for the Plaintiff and 80% for the Defendant. The Plaintiff’s list of documents together with the witness statement of Bernard Mulilu signed on 3rd March, 2011 were produced as exhibits. The parties thereafter filed written submissions which I have considered.
2. The statement of Bernard Mulilu reflects that he was the father to the deceased. His evidence is that the deceased who died in a Road Traffic Accident used to assist his mother and father with Kshs.10,000/= per month which was used to assist in paying school fees for the siblings. That Ksh.60,700/= was incurred as funeral expenses; Ksh.50/= to obtain the death certificate and Ksh.200/= to obtain the police abstract. The copies of the death certificate and the police abstract were produced as exhibits. The receipt for the Ksh.200/= paid for the police abstract was produced as an exhibit together with a receipt for Ksh.6,800/= for the coffin. An agreement was produced which reflects the payment of Ksh.50,000/= for transportation of the body from Nairobi to Kakamega where the deceased was buried.
3. There is no evidence on whether the deceased died instantaneously or not. An award of Ksh.10,000/= for pain and suffering is reasonable. I award Ksh.100,000/= for loss of life.
4. Although the evidence of dependency at Ksh.10,000/= per month is uncontroverted, the sum of Ksh.9,000/= is pleaded as the monthly earnings. There is no evidence that the deceased had a wife and children. The death certificate reflects the age of the deceased at the time of death as 30 years. Taking into account the preponderancies of life and the fact that the payment will be made in a lumpsum, a Multiplier of 20 years is reasonable. The dependency therefore works out as Ksh.9,000x12x20x1/3 which comes to Ksh.720,000/=
5. Special damages claimed as Ksh.200/= for the police abstract are supported by the receipt produced. Funeral expenses pleaded is Ksh.60,700/=. However, the documents produced for the funeral expenses is for Ksh.50,000/= for transport and Ksh.6,800/= for the coffin which totals up to Ksh.56,800/=. I award the same. No receipt was produced for obtaining the death certificate.
6. The total claim proved is as follows:
a) Pain and suffering Ksh.10,000. 00
b) Loss of expectation of life Ksh.100,000. 00
c) General damages Ksh.720,000. 00
d) Special damages Ksh.56,800. 00
Total Ksh. 886,800. 00
Less 20% = Ksh.841,360. 00
7. Judgment is entered for the Plaintiff against the Defendants jointly and severally for the sum of Ksh. 841,360. 00 interest and costs.
Dated, signed and delivered at Nairobi this 7th day of June, 2018
B. THURANIRA JADEN
JUDGE