Kenya Case Law

Abok v Otieno & another (Suing as the Legal Representatives of the Estate of Calvince Otien Olang - Deceased)

Abok v Otieno & another (Suing as the Legal Representatives of the Estate of Calvince Otien Olang - Deceased) (Civil Appeal E126 of 2025) [2026] KEHC 11072 (KLR) (17 July 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E126 of 2025

Judge

["AK Ithuku"]

The appeal was filed outside the thirty-day statutory period under Section 79G of the Civil Procedure Act, and there was no certificate of delay, no application for extension of time, no leave granted, and no explanation for the delay. The court therefore held that the appeal was incompetent and struck it out with costs to the respondents, without reaching the merits of liability or damages.

Source excerpt

• Limitation of time for appeal under section 79g
• Competence of appeal filed out of time
• Extension of time
• Liability in negligence
• Loss of dependency assessment

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

Kenya Power and Lighting Company v Mbura (Suing as the legal representative of the Estate of Robert Mugambo Simon - Dcd)

Court

High Court

Case number

Civil Appeal E026 of 2024

Judge

RM Mwongo

The High Court dismissed Kenya Power's appeal, upholding a finding that its driver was wholly liable for a fatal motorcycle collision and the Kshs.1,500,000 global loss of dependency award.

• Negligence in road traffic accidents
• Vicarious liability of employer for driver
• Burden and standard of proof in civil cases
• First appellate court's duty to re-evaluate evidence
• Loss of dependency assessment
• Multiplier versus global sum approach

Batra Company Limited & another v Kibui (Suing as Personal Representative of the Estate of Kelvin Mwirigia Kibue (Deceased))

Court

High Court

Case number

Civil Appeal E021 of 2024

Judge

SC Chirchir

On first appeal from a road accident fatality award, the High Court held the trial court's lump-sum approach to loss of dependency was valid, but reduced the Ksh 4,000,000 award to Ksh 2,500,000 as excessive.

• Road traffic accident liability and quantum
• Loss of dependency assessment
• Multiplier versus global/lump sum approach
• Minimum wage guidelines as basis for multiplicand
• Comparable awards and appellate interference with damages
• Loss-of-dependency

China Road & Bridge Corporation Kenya Ltd & another v Nzioka

Court

High Court

Case number

Civil Appeal E065 of 2022

Judge

TM Matheka

On appeal from a fatal road accident award, the High Court held the claimed Kshs. 15,000 monthly income unproven, applied the Kshs. 7,240.95 minimum wage, and reduced the dependency multiplier from 41 to 35 years.

• Road traffic negligence - fatal accident quantum
• Loss of dependency assessment
• Proof of deceased's income
• Multiplier and multiplicand selection
• Minimum wage application
• Loss of expectation of life