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Kenya decisions
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High Court on appeal from Siaya Small Claims Court: territorial jurisdiction upheld, vicarious liability of registered owner rejected, liability apportioned 70:30, future medical expenses set aside.
On a first appeal in a fatal road accident claim, the High Court affirmed 100% liability, substituted the loss of dependency award from Kshs. 1.6 million to Kshs. 2.56 million by using a 32-year multiplier, and dismissed the cross-appeal.
The Bungoma Magistrate's Court held a driver 100% liable for a fatal pedestrian accident, relying on direct eyewitness evidence, and awarded Kshs. 1,978,050 in total damages.
Bungoma magistrate apportioned liability 80:20 in a fatal road accident, finding the deceased breached the Highway Code by crossing at an undesignated point yet the driver still owed a duty of care.
The High Court held the driver 100% liable for a fatal 2016 road accident involving a five-year-old and exonerated the registered owner, finding the registration presumption rebutted by proof of a prior sale and no agency relationship.
High Court dismissed appeal against liability and quantum in a fatal road accident claim, upholding a Kshs. 1.68 million award for loss of dependency and damages.
On first appeal, the High Court upheld liability for a fatal industrial electrical accident, held that res ipsa loquitur applied, and reduced the loss of dependency award by correcting the multiplier and multiplicand.
On first appeal from a fatal road accident claim, the High Court set aside the finding that the 2nd defendant's driver was 50% liable, holding the driver of KBK 404G fully liable and the 1st defendant 100% liable.
On first appeal from a fatal accident award, the High Court upheld pain and suffering and loss of expectation of life awards, but reduced the loss of dependency multiplier from 26 to 24 years, lowering the net award to Kshs. 3,076,444.
On appeal from a fatal accident damages award, the High Court held the trial court wrongly deducted non-PAYE items from the deceased's gross pay and substantially increased the loss of dependency award.
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