[2025] KEHC 9977 (KLR)

[2025] KEHC 9977 (KLR)

The High Court found that the trial court erred in its assessment of both general damages and loss of earning capacity. Specifically, the trial court failed to consider inflationary trends and the severity of the Respondent's injuries when awarding general damages, resulting in an award that was too low. For loss of earning capacity, the trial court used an outdated multiplicand and an unrealistically low multiplier, and omitted the 50% disability factor, contrary to the evidence and applicable wage regulations. The appellate court held that the correct approach was to use the wage for a grade 3 artisan under the 2018 wage order, a multiplier of 15 years (reflecting a reasonable working...

Citation
[2025] KEHC 9977 (KLR)
Parties
Appellant: Elizabeth Mwihaki Ng’ang’a; Respondent: Festus Mwanzia Muinde
Court
High Court
Court Station
High Court at Kajiado
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Civil Appeal E030 of 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
Main appeal dismissed; cross-appeal allowed; lower court judgment set aside and substituted with increased awards for general damages and loss of earning capacity.
Judges
CW Meoli
Legal Topics
Road Traffic Accidents, Assessment of Damages, Loss of Earning Capacity, General Damages, Personal Injury, Appellate Review
Source Language
English
Tort Law Civil Procedure Road Traffic Accidents Assessment of Damages Loss of Earning Capacity General Damages Personal Injury Appellate Review

Case Brief

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Parties

Elizabeth Mwihaki Ng’ang’a

Appellant

Festus Mwanzia Muinde

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in assessing general damages and loss of earning capacity, resulting in an inordinately high or low award.
  2. 2 Whether the trial court failed to consider the degree of permanent incapacity in computing loss of earning capacity.
  3. 3 Whether the trial court applied the correct legal principles and comparable authorities in awarding damages.

Ratio Decidendi

The High Court found that the trial court erred in its assessment of both general damages and loss of earning capacity. Specifically, the trial court failed to consider inflationary trends and the severity of the Respondent's injuries when awarding general damages, resulting in an award that was too low. For loss of earning capacity, the trial court used an outdated multiplicand and an unrealistically low multiplier, and omitted the 50% disability factor, contrary to the evidence and applicable wage regulations. The appellate court held that the correct approach was to use the wage for a grade 3 artisan under the 2018 wage order, a multiplier of 15 years (reflecting a reasonable working...

Court Disposition

Main appeal dismissed; cross-appeal allowed; lower court judgment set aside and substituted with increased awards for general damages and loss of earning capacity.

Orders

  • General damages awarded at Kes. 2,100,000/-.
  • Loss of earning capacity awarded at Kes. 2,073,550.50.