[2000] KEHC 409 (KLR)
The court found that the deceased, aged 29 and unmarried, was earning Ksh.31,100 per month and contributed a substantial portion of her income to her parents. The judge applied a multiplier of 15 years, considering the deceased's age, employment, and the likelihood of marriage, which could reduce support to the...
Source-derived case information.
- Citation
- [2000] KEHC 409 (KLR)
- Parties
- Plaintiff: Samwel Kabi Alice Wambui Kabi; Defendant: William Njau Kamau; Defendant: Jacinta Wanjiru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 328 of 1999
- Procedural Posture
- Civil Suit / Judgment After Interlocutory Judgment and Assessment of Damages
- Outcome
- Judgment for the plaintiff for general damages, loss of expectation of life, and special damages, with costs and interest.
- Judges
- JK Mulwa
- Legal Topics
- Fatal Accidents, Assessment of Damages, Loss of Dependency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Kabi Alice Wambui Kabi
Plaintiff
William Njau Kamau
Defendant
Jacinta Wanjiru
Defendant
Procedural Posture
Civil Suit / Judgment After Interlocutory Judgment and Assessment of Damages
Legal Issues
- 1 What is the appropriate quantum of damages payable to the plaintiff following the death of the deceased?
- 2 What is the correct multiplier and multiplicand to apply in assessing loss of dependency?
- 3 Is the plaintiff entitled to damages for loss of expectation of life and special damages?
Ratio Decidendi
The court found that the deceased, aged 29 and unmarried, was earning Ksh.31,100 per month and contributed a substantial portion of her income to her parents. The judge applied a multiplier of 15 years, considering the deceased's age, employment, and the likelihood of marriage, which could reduce support to the plaintiff. The court determined that two-thirds of the deceased's salary could reasonably be attributed to parental support. The total loss of dependency was calculated as Ksh.21,067.90 (two-thirds of salary) x 12 months x 15 years, resulting in Ksh.2,520,040. The court also awarded Ksh.100,000 for loss of expectation of life and Ksh.38,400 as special damages. The total award to...
Court Disposition
Judgment for the plaintiff for general damages, loss of expectation of life, and special damages, with costs and interest.
Orders
- The plaintiff is awarded general damages of Ksh.2,520,040.
- The plaintiff is awarded Ksh.100,000 for loss of expectation of life.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 328 OF 1999
SAMWEL KABI ALICE WAMBUI KABI…………………………………PLAINTIFF -VERSUS- WILLIAMNJAU KAMAU……………………………………….1ST DEFENDANT JACINTA WANJIRU…………………………………………….2ND DEFENDANT
JUDGEMENT
DAMAGES
There is an interlocutory judgment against the defendants, which was entered in default of appearance on 15. 10. 99. It remains to assess the damages payable. According to the evidence of the plaintiff the deceased died at the age of 29 years. She was earning a salary of Shs.31,100. The plaintiff who was the father of the deceased said that the deceased used to assist him. She was working with multinational oil company. For the purposes of computing the damages, I have taken a multiplier of 15. I take into account that the deceased was not married and therefore she was able to spend a bigger part of her salary in maintaining her parents than if she had her own family for the time she worked and remained unmarried. I have also taken into account that the deceased was likely to get married and therefore diminish her support for the plaintiff.
For general damages I will therefore consider that she was able to spend 2/3 of her salary on the parents. The damages would therefore be 21,067. 90 x 12 x 5 x 2/3 = Ksh.2,520,040 I have in arriving at this figure considered the judgment, which were cited to me by the counsel for plaintiff. For loss of expectation of life, I shall award shs.100,000/- For special damages, I award Shs.38,400/-
There will therefore be judgment for the plaintiff for:
(a) General Damages Shs.2,520,040. 00
(b) Loss of Expectation of Life Shs. 100,000. 00
(c) Special damages Shs. 38,400. 00
Total Shs.2,658,440. 00
The plaintiff shall be entitled to costs and interests of this suit.
Delivered and dated this 18th day of July, 2000.
KASANGA MULWA
JUDGE