[2000] KEHC 125 (KLR)
The court found that liability had already been agreed at 90% in favour of the plaintiff. The deceased was a 41-year-old businessman supporting his family, and the court accepted a monthly dependency of KES 15,000 and a multiplier of 10 years. The court awarded damages under both the Law Reform Act and the Fatal...
Source-derived case information.
- Citation
- [2000] KEHC 125 (KLR)
- Parties
- Plaintiff: Purity Nyokabi Wachira; Defendant: Jeremiah Ntoiti Karitho; Defendant: Another (Administrator of Estate of James Mwangi Wachira)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 795 of 1995
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Fatal Accidents Act, Law Reform Act, Negligence, Damages Assessment, Dependency Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Purity Nyokabi Wachira
Plaintiff
Jeremiah Ntoiti Karitho
Defendant
Another (Administrator of Estate of James Mwangi Wachira)
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants are liable for the accident that caused the death of the deceased.
- 2 What is the appropriate quantum of damages payable to the plaintiff under the Law Reform Act and the Fatal Accidents Act.
- 3 Whether the plaintiff is entitled to special damages and the value of the motor vehicle.
Ratio Decidendi
The court found that liability had already been agreed at 90% in favour of the plaintiff. The deceased was a 41-year-old businessman supporting his family, and the court accepted a monthly dependency of KES 15,000 and a multiplier of 10 years. The court awarded damages under both the Law Reform Act and the Fatal Accidents Act, as well as special damages for funeral expenses and the value of the vehicle. The total award was reduced by 10% to reflect the agreed apportionment of liability. The court's decision was based on statutory provisions and the evidence of dependency and loss suffered by the plaintiff and her family.
Court Disposition
judgment for the plaintiff
Orders
- Plaintiff awarded KES 105,000 under the Law Reform Act.
- Plaintiff awarded KES 2,100,000 under the Fatal Accidents Act.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 795 OF 1995
PURITY NYOKABI WACHIRA......................................PLAINTIFF
-VERSUS-
JEREMIAH NTOITI KARITHO & ANOTHER………….DEFENDANT
JUDGMENT
BACKGROUND
The plaintiff has sued the defendants as the Administrators of the Estate of the late JAMES MWANGI WACHIRA. The claim arises out of an accident which occurred on 8. 4.93 and the plaintiff allege that the accident was due to the negligent driving of the first defendant who was the driver of the vehicle registration No. KAC 628R. The particulars of negligence alleged are contained in paragraph 7 of the plaint.
They ask for General Damages under the Fatal Accidents Act and under the Law Reform Act. In their defence, the 2nd defendant denies that he was the owner of the vehicle registration No. KAC 628R. The defendant further attributes the accident to the negligent driving of the deceased and give particulars of the negligence in paragraph 6 of their defence. The parties have recorded a judgement on liability at 90% in favour of the plaintiff. The remaining issue to be detained is the damages payable.
Evidence
The plaintiff gave evidence that the deceased sold second hand clothes earning Shs.20,000/- per month. She was not working and depended on her husbands income. The deceased paid house rent and provided food, all totaling Shs.13,450/- per month. The deceased used to pay school fees for the children amounting to shs.1,370/- per month. He also paid Shs.1,000/- per year for the building fund at Park Road Primary School where he used to drive them and pick them up after school and in his absence he would hire a taxi to collect them. She said that as dependants they have lost all these services following the death of her husband. PW1 Silas Kaugi gave evidence that he carried assessment of the vehicle registry No. KWG 224 and he prepared a report. He gave a pre accident value of Shs.200,000/- and a salvage value of shs.30,000/- The plaintiff is asking for Shs.170,000/- as the value of the vehicle.
Damages
a) Under the Law Reform Act
Under this head I consider a figure of Shs.100,000/- as reasonable. For pain and suffering, I shall award Shs.5,000/- since the deceased seems to have died soon after the accident.
b) Under the Fatal Accident Act
The deceased was 41 years old and therefore he could have worked for another 24 years. For the assistance to the family, I shall take a figure of Shs.15,000/- It appears that the deceased was a very illustrious businessman as evidenced by the way he cared for his family and even bought a piece of land in Nyeri. I consider a multiplier of 10 years as considerate. For special damages, I shall grant the sum asked for in the plaint as I find it as a reasonable sum for funeral expenses. For the motor vehicle I accept the figure of shs.170,000/- as the value of the vehicle.
Judgment
There shall be judgment for the plaintiff as follows:
a) Under the Law Reform Act Shs. 105,000
b) Under the Fatal Accidents Act Shs.2,100,000
c) Value of the vehicle Shs. 170,000
d) Special damages Shs. 35,100
Total Shs.2,410,100
Less 10% Shs. 241,010
Total Shs.2,169,090
Delivered and dated at Nairobi this 28th day of January, 2000.
KASANGA MULWA
JUDGE