[2000] KEHC 195 (KLR)
The court found the defendant 100% liable for the accident that caused the deceased's death. The deceased was a 25-year-old university graduate who financially supported his parents. The court applied the multiplier-multiplicand method to assess loss of dependency, using a multiplier of 30 years and two-thirds of...
Source-derived case information.
- Citation
- [2000] KEHC 195 (KLR)
- Parties
- Plaintiff: James Gichuru Kiunjuru; Plaintiff: Margaret Wambui Gichuru; Defendant: Mainyo Investments Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1681 of 1999
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiffs.
- Judges
- JK Mulwa
- Legal Topics
- Fatal Accidents, Loss of Dependency, Damages Assessment, Pain and Suffering
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Gichuru Kiunjuru
Plaintiff
Margaret Wambui Gichuru
Plaintiff
Mainyo Investments Limited
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant is liable for the accident resulting in the death of the deceased.
- 2 What is the appropriate quantum of damages payable to the plaintiffs under the Fatal Accidents Act and other heads of claim.
Ratio Decidendi
The court found the defendant 100% liable for the accident that caused the deceased's death. The deceased was a 25-year-old university graduate who financially supported his parents. The court applied the multiplier-multiplicand method to assess loss of dependency, using a multiplier of 30 years and two-thirds of the deceased's salary as the dependency ratio. The court also awarded damages for loss of expectation of life, pain and suffering, and funeral expenses, resulting in a total award of Kshs. 2,861,100 plus costs and interest.
Court Disposition
Judgment for the plaintiffs.
Orders
- The defendant shall pay the plaintiffs a total of Kshs. 2,861,100 as damages.
- The plaintiffs shall have the costs of the suit and interest.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 1681 OF 1999
JAMES GICHURU KIUNJURU ) MARGARET WAMBUI GICHURU )…….…………………… PLAINTIFF -VERSUS- MAINYO INVESTMENTS LIMITED …………………………..DEFENDANT
JUDGEMENT
Liability:
The Plaintiffs are the parents of the deceased PW1 James Gichuru gave evidence that the deceased was a passenger in the vehicle registration number KAB 494 C. which was involved in accident on 20. 11. 97. The deceased was a University graduate and teaching awaiting for the results when the accident occurred. He used to help his parents pay school fees. On liability I find the defendant is 100% liable for the accident. QUANTUM
(a) Loss of expectation of life for this claim I ward = Shs.100,000
(b) For Pain and Suffering, I award = Shs. 50,000 Taking into account that the deceased died in hospital and did not die on the spot.
(c) Funeral Expenses: For funeral expenses I allow the claim of = Shs. 22,500
(d) Damages under the Fatal Accident Act
The deceased was aged 25 years and his salary per month was Shs.11,390. I shall adopt a multiplier of 30 years. It is assumed that the financial assistance to the parents was 2/3 of his salary. This will translate to 11390 x 12 x 30 x 2/3 = Kshs.273,360 There will be judgement for the Plaintiff as follows
Loss of Expectation of life Kshs.100,000
Pain and suffering Kshs. 5,000
Special Damages Kshs. 22,500
Loss of Dependency Kshs.2,733,600
Total Kshs.2,861,100
The Plaintiffs shall have the cost of the suit and interests.
Dated and delivered this 4th day of October, 2000.
KASANGA MULWA
JUDGE