Rongai Workshop and Transport Ltd v Towett & another (Civil Miscellaneous Application E415 of 2025) [2026] KEHC 4699 (KLR) (Civ) (13 April 2026) (Ruling)

Rongai Workshop and Transport Ltd v Towett & another (Civil Miscellaneous Application E415 of 2025) [2026] KEHC 4699 (KLR) (Civ) (13 April 2026) (Ruling)

The trial magistrate erred in apportioning liability at 50:50 given the contradictions in the trailer driver's testimony and the unchallenged evidence of the investigating officer. The correct apportionment is 70:30 in favor of the plaintiff. The lower court also erred in disregarding the unchallenged employment...

Source-derived case information.

Citation
[2026] KEHC 4699 (KLR)
Parties
Appellant: Rongai Workshop and Transport Ltd; 1st Respondent: Martha Cherono Towett; 2nd Defendant: Kiplangat Koriri Geoffrey
Court
High Court
Jurisdiction
Kenya
Judgment Date
13 April 2026
Case Number
Civil Miscellaneous Application E415 of 2025
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed in part, cross-appeal allowed in part
Legal Topics
Apportionment of Liability, Quantum of Damages, Fatal Road Traffic Accident
Source Language
english
Tort Law Civil Procedure Apportionment of Liability Quantum of Damages Fatal Road Traffic Accident

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Parties

Rongai Workshop and Transport Ltd

Appellant

Martha Cherono Towett

1st Respondent

Kiplangat Koriri Geoffrey

2nd Defendant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the lower court erred in apportioning liability at 50:50
  2. 2 Whether the quantum of damages awarded was appropriate

Ratio Decidendi

The trial magistrate erred in apportioning liability at 50:50 given the contradictions in the trailer driver's testimony and the unchallenged evidence of the investigating officer. The correct apportionment is 70:30 in favor of the plaintiff. The lower court also erred in disregarding the unchallenged employment letter; the correct multiplicand for loss of dependency is Ksh 38,000, resulting in a higher award for loss of dependency.

Court Disposition

Appeal allowed in part, cross-appeal allowed in part

Orders

  • Liability apportioned at 70:30 in favor of the plaintiff
  • Loss of dependency to be calculated using Ksh 38,000 as multiplicand