[2023] KEHC 26523 (KLR)
The court found that the evidence presented, specifically the age discrepancy between Rosemary Nabwire Achoka and the deceased, raised a natural and legal impossibility regarding their claimed relationship. This inconsistency constituted a prima facie case of fraud, warranting further investigation. The court...
Source-derived case information.
- Citation
- [2023] KEHC 26523 (KLR)
- Parties
- Appellant: Pauline Ngigi; Respondent: Rosemary Nabwire Achoka; Respondent: Caroline Anyango Achoka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 35 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Investigation Into Possible Fraud After Appeal From Magistrate's Court Judgment
- Outcome
- Investigation ordered; no final determination on appeal pending outcome of criminal investigation.
- Judges
- DAS Majanja
- Legal Topics
- Fraud in Civil Proceedings, Fatal Accidents Claims, Law Reform Act Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Ngigi
Appellant
Rosemary Nabwire Achoka
Respondent
Caroline Anyango Achoka
Respondent
Procedural Posture
Civil Appeal / Ruling on Investigation Into Possible Fraud After Appeal From Magistrate's Court Judgment
Legal Issues
- 1 Whether the relationship between the respondents and the deceased is genuine given the age discrepancy.
- 2 Whether there is a prima facie case of fraud in the institution of the suit for damages under the Law Reform Act and Fatal Accidents Act.
Ratio Decidendi
The court found that the evidence presented, specifically the age discrepancy between Rosemary Nabwire Achoka and the deceased, raised a natural and legal impossibility regarding their claimed relationship. This inconsistency constituted a prima facie case of fraud, warranting further investigation. The court exercised its inherent jurisdiction to safeguard the integrity of the judicial process by directing the Deputy Registrar to forward the ruling and court file to the Directorate of Criminal Investigations for a thorough inquiry into the circumstances of the case, the particulars of the deceased, and the authenticity of the claim, including the letter from the Assistant County...
Court Disposition
Investigation ordered; no final determination on appeal pending outcome of criminal investigation.
Orders
- The Deputy Registrar is directed to forward this ruling and the court file to the Directorate of Criminal Investigations, Nairobi, for investigation into the circumstances of the case, the particulars of the deceased, and the relationship with Rosemary Nabwire Achoka.
- The investigation shall include the letter dated 16.06.2023 by the Assistant County Commissioner, Samia Sub County, to establish whether the claim is genuine.
Full Case Text
Judgment text and source record
24 paragraphs
Ngigi v Achoka & another (Suing as administrators of the Estate of Pamela Jane Akinyi Achoka (Deceased)) (Civil Appeal 35 of 2020) [2023] KEHC 26523 (KLR) (Civ) (8 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26523 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal 35 of 2020
DAS Majanja, J
December 8, 2023
Between
Pauline Ngigi
Appellant
and
Rosemary Nabwire Achoka
1st Respondent
Caroline Anyango Achoka
2nd Respondent
Suing as administrators of the Estate of Pamela Jane Akinyi Achoka (Deceased)
(Being an appeal from the Judgment and Decree of Hon.D. O. Mbeja, SRM dated 13th December 2019 at the Magistrates Court at Nairobi, Milimani in Civil Case No. 3452 of 2018)
Ruling
1. Before the Subordinate Court, the Respondents sued the Appellant as the registered owner of motor vehicle KBZ XXXU following a road traffic accident which took place on 26. 04. 2016 which resulted in the death of Pamela Jane Akinyi (Deceased). The Respondents brought this case for damages under the Law Reform Act (Chapter 26 of the Laws of Kenya) and the Fatal Accidents Act (Chapter 32 Laws of Kenya) for recovery of damages.
2. I have considered the evidence in this case and certain facts have stood out which call for investigation. According to the documents filed before the trial court, Rosemary Nabwire Achoka stated and verified on oath that she is the mother of Caroline Anyango Achoka. A copy of her identity card no. 76XXXXX shows she was born in 1982. At the time of the Deceased’s death she was aged 34 years old while the Deceased was aged 32 years old. This is a natural and legal impossibility.
3. This is a prima facie case of fraud. I therefore direct the Deputy Registrar of this court to forward this ruling and the court file to Directorate of Criminal Investigations, Nairobi to investigate the circumstances of this case, the particulars of the Deceased and her relationship with the said Rosemary Nabwire Achoka and all the matters relating to this suit including the letter dated 16. 06. 2023 written by Assistant County Commissioner, Samia Sub County in order to establish whether this claim is genuine.
4. The report shall be furnished to the court within the next 60 days from the date hereof.
DATED AND DELIVERED AT NAIROBI THIS 8THDAY OF DECEMBER 2023. D.S. MAJANJAJUDGEMs Nyambaka instructed by Mugo Githinji & Company Advocates for the Appellant.Mr Momanyi instructed by Musilli Mbiti & Associates Advocates for the Respondents.