[2000] KEHC 173 (KLR)
The court found the second defendant 100% liable for the accident due to negligence, as the deceased was a fare-paying passenger in the defendants' vehicle. The court applied the multiplier method to assess loss of dependency, using a multiplicand of Ksh.10,620 (monthly salary), a multiplier of 19 years, and...
Source-derived case information.
- Citation
- [2000] KEHC 173 (KLR)
- Parties
- Plaintiff: Rabecca Savethi Mwangi; Defendant: Eastern Bus Services Ltd; Defendant: Christopher Ngara Kauko
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2750 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff.
- 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
Rabecca Savethi Mwangi
Plaintiff
Eastern Bus Services Ltd
Defendant
Christopher Ngara Kauko
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants were liable for the fatal road accident resulting in the death of the plaintiff's husband.
- 2 What quantum of damages is payable to the plaintiff under the Fatal Accidents Act and Law Reform Act.
Ratio Decidendi
The court found the second defendant 100% liable for the accident due to negligence, as the deceased was a fare-paying passenger in the defendants' vehicle. The court applied the multiplier method to assess loss of dependency, using a multiplicand of Ksh.10,620 (monthly salary), a multiplier of 19 years, and deducting one-third for the deceased's personal expenses. The court also awarded damages under the Law Reform Act, for pain and suffering, and special damages for funeral expenses. The total award was Ksh.1,814,240, with costs and interest to the plaintiff.
Court Disposition
Judgment for the plaintiff.
Orders
- Plaintiff awarded Ksh.1,614,240 under the Fatal Accidents Act.
- Plaintiff awarded Ksh.100,000 under the Law Reform Act.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 2750 OF 1998
RABECCA SAVETHI MWANGI……………………………………..PLAINTIFF -VERSUS- 1. EASTERN BUS SERVICES LTD…………………………….1ST DEFENDANT 2. CHRISTOPHER NGARA KAUKO……………………………2ND DEFENDANT
JUDGMENT
The Plaintiff has sued the Defendant’s for general damages following the death of her husband in the road accident on 17. 4.1995. The deceased was a paid passenger in the vehicle registration No. KAD 576D a Nissan Matatu when the accident occurred.
The Plaintiff gave evidence that her husband was 36 years old at the time of death. He left Plaintiff with 3 children who are all in school. Deceased was working with African Retail Co. Ltd. In Nairobi with a salary of Shs.10,620/- per month as a Shop Manager. She said that the deceased as supporting the family with 2/3 of his salary. She sued as Administrator of the Estate. From this evidence I find the 2nd Defendant was negligent and was 100% liable for the accident.
Damages
(a) The Plaintiff claims damages under the Fatal Accidents Act. I take a multiplier of 19 years with a multiplicand of Shs.10,620 so the damages payable would be 10,620 x 12 x 19 = Ksh.2,421,360
Less 1/3 =Ksh. 807,120 =Ksh.1,614,240
(b) Damages under the Law Reform Act For this item I award Ksh.100,000 (c) For Pain and Suffering I award Ksh.50,000
(d) Special Damages
For funeral expenses Ksh.50,000
There will be judgment for the plaintiff as follows:
(1) Under Fatal Accidents Act = Ksh.1,614,240
(2) Under the Law Reform Act = Ksh. 100,000
(3) Special Damages = Ksh. 50,000
(4) Pain and Suffering = Ksh. 50,000
Total = Ksh.1,814,240
The Plaintiff shall have the costs and interest of the suit.
Delivered and dated at Nairobi this 25th day of July, 2000.
KASANGA MULWA
JUDGE