[2019] KEHC 11643 (KLR)

[2019] KEHC 11643 (KLR)

The High Court found that the trial magistrate was correct in holding the appellants 100% liable for the accident, as the respondents' evidence was credible and uncontroverted, and the appellants failed to prove contributory negligence or enjoin the motorcyclist. On quantum, the court held that the multiplicand of...

Source-derived case information.

Citation
[2019] KEHC 11643 (KLR)
Parties
Appellant: Daniel Kahiga; Appellant: Shadrack Sakwa Juma; Respondent: Janet Jeruto; Respondent: Michael Chepkwony
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Case Number
Civil Appeal 87 of 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed in part; lower court judgment set aside and substituted with revised award.
Judges
OA Sewe
Legal Topics
Negligence, Fatal Accidents, Assessment of Damages, Dependency Ratio, Multiplicand and Multiplier, Pain and Suffering
Source Language
en
Tort Law Civil Procedure Negligence Fatal Accidents Assessment of Damages Dependency Ratio Multiplicand and Multiplier Pain and Suffering

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Parties

Daniel Kahiga

Appellant

Shadrack Sakwa Juma

Appellant

Janet Jeruto

Respondent

Michael Chepkwony

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in holding the appellants 100% liable for the accident.
  2. 2 Whether the assessment of damages by the trial magistrate was based on sound legal principles.
  3. 3 Whether the multiplier, multiplicand, and dependency ratio adopted were justified.

Ratio Decidendi

The High Court found that the trial magistrate was correct in holding the appellants 100% liable for the accident, as the respondents' evidence was credible and uncontroverted, and the appellants failed to prove contributory negligence or enjoin the motorcyclist. On quantum, the court held that the multiplicand of Kshs. 38,000 was justified based on the deceased's likely earnings as a graduate teacher, and the dependency ratio of 2/3 was appropriate given Kenyan societal expectations. However, the court found the multiplier of 36 years excessive, reducing it to 30 years to account for life uncertainties. The awards for pain and suffering and loss of expectation of life were upheld as...

Court Disposition

Appeal allowed in part; lower court judgment set aside and substituted with revised award.

Orders

  • Judgment and decree of the lower court set aside.
  • Judgment entered for the respondents against the appellants for Kshs. 9,296,289 with interest from the date of the lower court judgment.