[2000] KEHC 293 (KLR)
The court found the defendant liable for the accident that caused the death of Raphael Kimani Kiarie, based on uncontroverted evidence presented by the plaintiff. The court applied the Law Reform Act to award Kshs.70,000 for loss of expectation of life and the Fatal Accidents Act to assess loss of dependency using a...
Source-derived case information.
- Citation
- [2000] KEHC 293 (KLR)
- Parties
- Plaintiff: Lucy Waithira Kimani; Defendant: Charles J. Kiarie Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 3873 of 1993
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff against the defendant jointly and severally.
- Legal Topics
- Fatal Accidents, Negligence, Damages Assessment, Dependency Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Waithira Kimani
Plaintiff
Charles J. Kiarie Kimani
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant was liable for the fatal road accident resulting in the death of Raphael Kimani Kiarie.
- 2 What quantum of damages is payable under the Law Reform Act and Fatal Accidents Act to the dependants of the deceased.
Ratio Decidendi
The court found the defendant liable for the accident that caused the death of Raphael Kimani Kiarie, based on uncontroverted evidence presented by the plaintiff. The court applied the Law Reform Act to award Kshs.70,000 for loss of expectation of life and the Fatal Accidents Act to assess loss of dependency using a multiplier of 16, the deceased's monthly salary, and the dependency ratio of two-thirds. Special damages of Kshs.66,047 were also awarded as proved. The total award was apportioned among the widow and two minor children. Judgment was entered for the plaintiff against the defendant jointly and severally for Kshs.736,047 plus costs and interest.
Court Disposition
Judgment for the plaintiff against the defendant jointly and severally.
Orders
- The defendant shall pay the plaintiff Kshs.736,047 plus costs and interest.
- The award is apportioned as follows: Lucy Waithira Kimani (widow) Kshs.336,047; Deniss Nganga Kshs.200,000; Mary Wambui Kshs.200,000.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI H.C.CIVIL CASE NO.3873 OF 1993
LUCY WAITHIRA KIMANI…………….…………….. PLAINTIFF
VERSUS
CHARLES J. KIARIE KIMANI ……………………… DEFENDANT
J UD G M E N T
The Plaintiff’s claim arises out of a road accident which occurred on the 18/11/1991 along Limuru-Naivasha Road involving motor vehicles Registration Number KRZ 781 and KAB 543V, which collided in which the deceased RAPHAEL KIMANI KIARIE was killed. The deceased was travelling as a lawful passenger in motor vehicle registration No.KRZ 781. The Plaintiff‘s have brought this suit in their capacity as Administrators of the estate of the deceased. This claim is brought both under the Law Reform Act Cap 26 and Fatal Accident Act Cap 32. Laws of Kenya.
The defendant was served with the hearing notice but did not appear to defend the suit. The suit proceeded ex-parte under O IXB R.3. The deceased passed away at the age of 29 years and left a widow LUCY KIMANI and two children. Denis aged 12 years and Wambui aged 9 years. The accident occurred due to the negligence of the defendants who were the driver and owner of motor vehicle registration NO.KAB 543V.
The deceased was employed byPRIME CHEMICALS LTD in Nairobi at a salary of Shs.5000/= per month. The Plaintiffs have proved their case on liability. I now proceed to assess quantum.
Counsel for the Plaintiffs in his submission suggested a figure of Shs.70,000/= for loss of expectation of life as conventional damages and Sh.66,407 special damages which were already proved by the widow of the deceased and who produced documents to support the same. For the claim under the Law Reform Act I award Shs.70,000/= for loss of expectation of life.
Under the Fatal Accident Act counsel for the Plaintiff suggested a multiplier of 20. The deceased was 29 years old when he died. A multiplier of 16 would be suitable.
This would work out as follows:
16 X 5000 x 12=930,000
The figure may be brought forward as follows:-
Loss of dependency Kshs. 930,000/=
Loss of expectation of life Kshs 70,000/=
TOTAL KSHS.1,000,000/=
The deceased would spend 1/3 of the total sum for himself. This would work on as follows:-
1,000,000 X 2/3=KSHS.670,000/=
Special Damages 66,047/=
TOTAL KSHS.736,047/=
Accordingly there shall be Judgment for the Plaintiff and against the defendants jointly and severally for Shs.736,047/= plus costs and interest
There are two minors Dannis and Wambui aged 12 years and 9 years respectively . I make the apportionment as follows:-
LUCY WAITHIRA KIMANI – WIDOW KSHS.336,047/=
DENISS NGANGA KSHS.200,000/=
MARY WAMBUI KSHS200,000/=
Dated and delivered at Nairobi this 11th day of February, 2000
J.L.A. OSIEMO
JUDGE