Kenya Case Law

Wachira & another (Suing as the Legal Representatives of the Estate of Arthur Kioge Mwangi – (Deceased)) v Wilka General Merchants Ltd & another

Wachira & another (Suing as the Legal Representatives of the Estate of Arthur Kioge Mwangi – (Deceased)) v Wilka General Merchants Ltd & another (Civil Appeal E501 of 2025) [2026] KEHC 8568 (KLR) (Civ) (18 June 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E501 of 2025

Judge

["D Mburu"]

The trial court erred by dismissing the claim for loss of dependency on a ground not raised by the parties and without giving the appellants an opportunity to address it. The admitted evidence, including the consented documents and Chief’s letter, sufficiently showed that the deceased was raised by his maternal uncles who qualified as dependants/guardians under section 4 of the Fatal Accidents Act, so the claim should have been allowed and quantified on the evidence before court.

Source excerpt

• Fatal accidents act
• Loss of dependency
• Consent on liability
• First appeal re-evaluation of evidence
• Dependency ratio
• Contributory negligence

Gitau & another v Mbugua (Suing as the personal representative of the Estate of Peris Wambui - Deceased) & another

Gitau & another v Mbugua (Suing as the personal representative of the Estate of Peris Wambui - Deceased) & another (Civil Appeal 25 of 2023) [2026] KEHC 7817 (KLR) (28 May 2026) (Judgment)

Court

High Court

Case number

Civil Appeal 25 of 2023

Judge

["SC Chirchir"]

The suit had not been dismissed and the judgment was valid. Liability was properly apportioned at 50:50 because the driver’s evidence still disclosed negligence. The award for pain and suffering was excessive and reduced to Kshs 35,000, the award for loss of expectation of life was reasonable and left intact, and the award for loss of dependency was excessive and reduced to Kshs 800,000.

Source excerpt

• Appeal from magistrate’s judgment
• Nullity of proceedings after dismissal for want of prosecution
• Third-party liability and apportionment
• Standard of appellate interference with damages
• Pain and suffering
• Loss of expectation of life

Mwangi alias Dancun Gichuru Mwangi v Njeru (Suing on her own Behalf and as the Administratrix ofthe Estate of ohe Late Peris Wakuthii alias Peris Wakuthie)

Mwangi alias Dancun Gichuru Mwangi v Njeru (Suing on her own Behalf and as the Administratrix ofthe Estate of ohe Late Peris Wakuthii alias Peris Wakuthie) (Civil Appeal E022 of 2026) [2026] KEHC 10642 (KLR) (14 May 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E022 of 2026

Judge

["EM Muriithi"]

The application was filed without unreasonable delay, the appeal disclosed arguable issues, and the applicant demonstrated a real risk of substantial loss because the decretal sum might not be recoverable if execution proceeded. Stay was therefore warranted, but only on terms that provided partial payment to the respondent and deposit of the balance in court as security.

Source excerpt

• Stay of execution pending appeal
• Substantial loss
• Security for due performance
• Arguable appeal
• Fatal accident damages
• Costs pending appeal

M’Bagine v Nyaga

Court

Court of Appeal

Case number

Civil Appeal 172 of 2019

Judge

["W Karanja", "J Mohammed", "LK Kimaru"]

The Court of Appeal dismissed a second appeal over a Fatal Accidents Act dependency claim, holding that statutory dependency and loss of dependency were not proved on the record.

• Second appeal jurisdiction
• Fatal accidents act dependency claim
• Proving statutory dependency
• Loss of dependency assessment
• Concurrent findings of fact
• Multiplier/multiplicand approach