[1999] KEHC 117 (KLR)
The court found that the deceased was 48 years old at the time of death, as pleaded in the plaint. Considering the normal retirement age of 55 years for Kenya Railways employees, the court determined that a multiplier of 7 years was appropriate for calculating loss of dependency. The court applied the agreed monthly...
Source-derived case information.
- Citation
- [1999] KEHC 117 (KLR)
- Parties
- Plaintiff: Jane Akinyi Okinyi; Defendant: Kenya Bus Services Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1527 of 1988
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff in the sum of Kshs.148,642 apportioned among the dependants, with interest as specified.
- Legal Topics
- Fatal Accidents Act, Loss of Dependency, Apportionment of Liability, Assessment of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Akinyi Okinyi
Plaintiff
Kenya Bus Services Ltd.
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 What is the appropriate multiplier to apply in assessing damages for loss of dependency under the Fatal Accidents Act.
- 2 How should liability be apportioned between the plaintiff and defendant as per the consent judgment.
- 3 What is the correct quantum of general and special damages to be awarded to the dependants.
Ratio Decidendi
The court found that the deceased was 48 years old at the time of death, as pleaded in the plaint. Considering the normal retirement age of 55 years for Kenya Railways employees, the court determined that a multiplier of 7 years was appropriate for calculating loss of dependency. The court applied the agreed monthly income of Kshs.3,788.50, multiplied by 12 months, by 7 years, and by a dependency ratio of two-thirds, resulting in Kshs.212,184 as general damages for loss of dependency. Special damages were agreed at Kshs.10,150. Applying the consented apportionment of liability (70% to the defendant), the total award to the plaintiff was Kshs.148,642. The court apportioned the award among...
Court Disposition
Judgment for the plaintiff in the sum of Kshs.148,642 apportioned among the dependants, with interest as specified.
Orders
- General damages for loss of dependency awarded at Kshs.212,184.
- Special damages awarded at Kshs.10,150.
Full Case Text
Judgment text and source record
48 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO.1527 OF 1988
JANE AKINYI OKINYI ............................................................. PLAINTIFF
VERSUS
KENYA BUS SERVICES LTD. ...................................... DEFENDANTS
JUDGMENT
On the 10th of January 1987, a Kenya Bus motor vehicle registration KSP 337, driven by the defendants servant crushed into the deceased who was walking along Landies Road.
The widow and plaintiff in this brings a claim under the Fatal Accidents Act. She does so as a dependent and or behalf of her eight children.
She informed the court that she was totally dependant on the deceased.
She filed suit on 25. 4.88.
On the 30th of January 1996 the parties entered into a consent on liability before Juma J. Judgment on liability against the defendant at 70% and the plaintiff to bear 30%.
On the 4th of May 1999 when the case came up for hearing Special Damages was agreed at Kshs.10,150/- being funeral expenses, Death Certificate and abstract report expenses.
The isssue before me for determination was that of the multiplier (The deceased income had been agreed at Kshs.3,788. 50).
The advocate for the plaintiff through his witness stated that the deceased would have worked up to the age of 60 years. He was a locomotive driver. The retirement age is normally 55 years with the Kenya Railways but they normally would have a contract renewed till 60 years.
The advocate thus recommended a multiplier of 10 years.
The witness indicated that her husband was aged between 45 to 46 years old.
The advocate for the defendant stated that the plaint specifically pleaded that the age of the deceased was 48 years (see para 5 of the Plaint).
He recommended a multiplier of 6 years.
Thus 6 x 12 x 3,788. 50 x2/3 = Ksh.394,601/10(not accurate).
I find that the deceased was aged 48 years as per the pleadings of the plaint. he would have worked up to the age of 55 years. This gives a multiplier of 7 years.
I shall accept this figure as being he multiplier.
Therefore
7 x 12 x 3,788. 50 x 2/3 = Kshs.212,184 /=.
The ratio of 70%:30% amounts Kshs.148,642/- being made liable to he defendant.
Apportionment:
1. Jane A. Okinyi - widow 45 years - Ksh28,642/-
2. Millicent Anyango daughter 16 years - ksh20,000/-
3. Eveline Achieng’ daughter 15 years - Ksh20,000/-
4. Christine Ngwono daughter 12 years - Ksh20,000/-
5. Sofia Adhiambo daughter 11 years - Ksh20,000/-
Adult Children
6. Susan Atieno daughter -Ksh10,000/-
7. Reuben Omulo -Ksh10,000/-
8. Florence Auma daughter -Ksh10,000/-
9. Caroline Awuor daughter -Ksh10,000/-
In summary
General Damages
Fatal Accident Act for Loss of Dependency -Ksh212,184/-
Special damages -Ksh 10,150/-
-Ksh.222,334/-
70% ratio - -Ksh148,642/-
I award interest on General Damages from the date of this case.
Interest on Special Damages from the date of filing suit.
Dated this 5th day of May 1999 at Nairobi at Nairobi.
M. ANG’AWA
JUDGE