Kenya Case Law

Wainaina v Lesalulunga (Suing as the Administrator of the Estate of Loitenu Lesalulunga (Deceased))

Wainaina v Lesalulunga (Suing as the Administrator of the Estate of Loitenu Lesalulunga (Deceased)) [2025] KEHC 8518 (KLR)

Court

High Court

Case number

Civil Appeal E029 of 2024

Judge

AK Ndung'u

The High Court found that, despite the absence of an eyewitness from the respondent's side and lack of scene documentation, the appellant's own admissions established that he veered into the deceased's lawful lane and caused the fatal collision. The appellant's defense of self-defense due to an alleged armed threat was unsupported by any police report or credible evidence and was thus rejected. The court held that the doctrine of res ipsa loquitor applied, permitting an inference of negligence against the appellant. The trial court's finding of 100% liability was upheld. On quantum, the court…

Source excerpt

• Road Traffic Accidents
• Negligence
• Loss Of Dependency
• Funeral Expenses
• Burden Of Proof

Musembi & another v Okumu & another (Legal Representative of the Estate of Margaret Awiti Onunga)

Musembi & another v Okumu & another (Legal Representative of the Estate of Margaret Awiti Onunga) [2024] KEHC 12939 (KLR)

Court

High Court

Case number

Civil Appeal E871 of 2022

Judge

JN Njagi

The High Court found that neither the respondents nor the appellants called any eye witness to the accident, and the respondents' pleadings were not substantiated by direct evidence. The trial magistrate erred in holding the appellants wholly liable based on unchallenged pleadings rather than evidence. In the absence of clear evidence as to how the accident occurred, the court applied the principle that where blame cannot be apportioned on the evidence, liability should be shared equally. The court therefore set aside the trial court's finding of 100% liability against the appellants and subs…

Source excerpt

• Road Traffic Accidents
• Apportionment Of Liability
• Assessment Of Damages
• Loss Of Dependency
• Funeral Expenses
• Burden Of Proof

Munuhe & another (Suing as the Legal Representative of the Estate of Peter Maina Ndegwa) v Mutua

Munuhe & another (Suing as the Legal Representative of the Estate of Peter Maina Ndegwa) v Mutua [2024] KEHC 10944 (KLR)

Court

High Court

Case number

Civil Appeal 78 of 2023

Judge

CM Kariuki

High Court partly allowed a fatal accident appeal, increasing damages for pain and suffering, loss of dependency, and funeral expenses while maintaining loss of expectation of life.

• Fatal Accidents
• Assessment Of Damages
• Dependency Ratio
• Multiplier And Multiplicand
• Special Damages
• Funeral Expenses

Onik Enterprises Limited v Sara & another (Both Suing on Behalf of the Estate of Richard Weire - Deceased)

Onik Enterprises Limited v Sara & another (Both Suing on Behalf of the Estate of Richard Weire - Deceased) [2024] KEHC 9009 (KLR)

Court

High Court

Case number

Civil Appeal E007 of 2023

Judge

GMA Dulu

High Court appeal on quantum dismissed; the court upheld damages for a fatal accident claim, including pain and suffering, dependency, special damages, and consortium.

• Assessment Of Damages
• Loss Of Dependency
• Loss Of Consoritum
• Funeral Expenses
• Pain And Suffering
• Assessment-of-damages

Nation Media Group Limited v Thuo & another (Suing as the Administrators of the Estate of Josephat Nduati Kungu – Deceased)

Nation Media Group Limited v Thuo & another (Suing as the Administrators of the Estate of Josephat Nduati Kungu – Deceased) [2024] KEHC 4058 (KLR)

Court

High Court

Case number

Civil Appeal 157 of 2019

Judge

JRA Wananda

High Court appeal on quantum in a fatal accident claim. The court reduced loss of dependency from Kshs 2,425,680 to Kshs 2,021,400, but left other awards intact.

• Fatal Accidents
• Assessment Of Damages
• Loss Of Dependency
• Special Damages
• Funeral Expenses
• Fatal-accidents

Kariuki v King’ola ((Suing as the Legal Representative and/or Administrator of the Estate of David King’ola Muthiani))

Kariuki v King’ola ((Suing as the Legal Representative and/or Administrator of the Estate of David King’ola Muthiani)) [2024] KEHC 1447 (KLR)

Court

High Court

Case number

Civil Appeal E004 of 2022

Judge

GMA Dulu

The High Court found that the trial Magistrate erred in adopting the deceased's alleged monthly earnings as a long distance lorry driver without documentary proof. The court held that, in the absence of such evidence, the minimum wage for an unskilled labourer should have been applied. The award for loss of dependency was thus reduced accordingly. The court also held that funeral expenses were sufficiently pleaded and that reasonable funeral expenses are awardable even without detailed receipts. The appeal was allowed in part, varying the award for loss of dependency and affirming the other h…

Source excerpt

• Quantum Of Damages
• Loss Of Dependency
• Special Damages
• Funeral Expenses

Cherangani Hills Limited & another v Rashid & another (Suing as the Personal Representatives of the Estate of Njinrius Mwangi Ng’ang’a - Deceased)

Cherangani Hills Limited & another v Rashid & another (Suing as the Personal Representatives of the Estate of Njinrius Mwangi Ng’ang’a - Deceased) [2024] KEHC 1347 (KLR)

Court

High Court

Case number

Civil Appeal E003 of 2022

Judge

AC Mrima

The High Court allowed a review in part, amending its earlier judgment to include Kshs. 50,000 funeral expenses subject to 50% contribution.

• Review Of Judgment
• Funeral Expenses
• Apportionment Of Liability
• Review-of-judgment
• Funeral-expenses
• Apportionment-of-liability

Rottger v Karisa & another (Suing on behalf of the Estate of Said Thoya)

Rottger v Karisa & another (Suing on behalf of the Estate of Said Thoya) [2023] KEHC 26981 (KLR)

Court

High Court

Case number

Civil Appeal E062 of 2023

Judge

M Thande

The High Court partly allowed a fatal accident appeal, shifting liability from 100% to 50:50 and upholding the damages subject to that reduction.

• Fatal Accidents Act
• Law Reform Act
• Apportionment Of Liability
• Assessment Of Damages
• Loss Of Dependency
• Funeral Expenses

Rottger v Dusa & another ((Suing on Behalf of the Estate of Wilson Baya Thoya - Deceased))

Rottger v Dusa & another ((Suing on Behalf of the Estate of Wilson Baya Thoya - Deceased)) [2023] KEHC 26630 (KLR)

Court

High Court

Case number

Civil Appeal 063 of 2023

Judge

M Thande

The High Court found that the trial court erred in apportioning 100% liability to the appellant in the absence of direct evidence establishing fault. With conflicting versions from both parties and no clear proof of negligence by either side, the court applied the principle that liability should be apportioned equally where fault cannot be definitively established. On damages, the court held that the trial magistrate properly exercised discretion in adopting the minimum wage as the multiplicand for loss of dependency, given the lack of proof of the deceased's actual earnings, and that the mul…

Source excerpt

• Fatal Accidents
• Assessment Of Damages
• Apportionment Of Liability
• Loss Of Dependency
• Funeral Expenses
• Double Compensation

Okwiri (Suing as administrator in the Estate of Tabitha Gladys Makokha) v Matunda Bus Services Ltd

Okwiri (Suing as administrator in the Estate of Tabitha Gladys Makokha) v Matunda Bus Services Ltd [2023] KEHC 19748 (KLR)

Court

High Court

Case number

Civil Appeal 102 of 2015

Judge

JRA Wananda

The High Court found that the trial magistrate erred in awarding Kshs 70,000 for loss of expectation of life, as the prevailing standard is Kshs 100,000. The court also held that, in the absence of concrete proof of the deceased's income, the minimum wage applicable in Eldoret Municipality as at 2015 (Kshs 10,107.10) should have been used as the multiplicand for loss of dependency, rather than Kshs 5,000. The multiplier of 9 years was found reasonable for a 51-year-old in informal employment. The court clarified that it is not mandatory to deduct the award under the Law Reform Act from that u…

Source excerpt

• Fatal Accidents Act
• Law Reform Act
• Assessment Of Damages
• Loss Of Dependency
• Special Damages
• Funeral Expenses