Kenya Case Law

Muthuri v Kirimi (Suing as the Legal Representative of the Estate of Nicholas Mwenda Kirimi (Deceased))

Muthuri v Kirimi (Suing as the Legal Representative of the Estate of Nicholas Mwenda Kirimi (Deceased)) [2025] KEHC 10630 (KLR)

Court

High Court

Case number

Civil Appeal E157 of 2023

Judge

SM Githinji

The High Court found that the trial court's apportionment of liability at 50% between the appellant and the deceased was justified, as the evidence showed both parties contributed to the accident: the appellant drove at a relatively high speed given poor visibility at night, while the deceased was negligent in overtaking a matatu and suddenly emerging into the appellant's lane. The adoption of a multiplicand of Ksh. 30,000 for loss of dependency was reasonable, considering the deceased was a final-year university student with a clear career trajectory as a teacher. The award of Ksh. 100,000 f…

Source excerpt

• Road Traffic Accidents
• Apportionment Of Liability
• Assessment Of Damages
• Loss Of Dependency
• Pain And Suffering

Kidiga & another v Onguna & another (Suing as the Administrator of the Estate of Elvis Omondi Otieno – Deceased)

Kidiga & another v Onguna & another (Suing as the Administrator of the Estate of Elvis Omondi Otieno – Deceased) [2025] KEHC 10523 (KLR)

Court

High Court

Case number

Civil Appeal E100 of 2024

Judge

A Mabeya

The High Court found that the trial court's award of Kshs. 3,000,000 for loss of dependency was not excessive or arbitrary, as it was based on the deceased's age, family circumstances, and comparable precedents. The global sum method was appropriate given the lack of documentary proof of income. The evidence, including the Chief's letter and oral testimony, sufficiently established the existence of dependents, including the deceased's mother, fiancée, child, and brothers. The trial court correctly applied the law regarding dependency under the Fatal Accidents Act, and there was no basis to in…

Source excerpt

• Fatal Accidents
• Loss Of Dependency
• Assessment Of Damages
• Burden Of Proof

High Plateau Limited v Namalwa & 2 others (Suing as the Administrators of the Estae of Alex Mafura (Deceased))

High Plateau Limited v Namalwa & 2 others (Suing as the Administrators of the Estae of Alex Mafura (Deceased)) [2025] KEHC 10311 (KLR)

Court

High Court

Case number

Civil Appeal E146 of 2023

Judge

REA Ougo

The High Court found that the trial court erred in holding the appellant solely liable for the accident, given the conflicting evidence regarding the cause and the absence of a clear finding on the third party's liability. Applying established appellate principles, the court apportioned liability equally (50:50) between the appellant and the third party, the owner of the other vehicle. On quantum, the court held that the award for pain and suffering was appropriate given the deceased died instantly, but reduced the award for loss of expectation of life to the conventional sum of Kshs. 100,000…

Source excerpt

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

Gachie v Muiruri & 2 others

Gachie v Muiruri & 2 others [2025] KEHC 10492 (KLR)

Court

High Court

Case number

Civil Appeal 74 of 2022

Judge

TW Ouya

The High Court partly allowed a fatal accident appeal and reduced the loss of dependency award from Kshs. 2,500,000 to Kshs. 2,000,000, while leaving other costs orders intact.

• Fatal Accidents
• Assessment Of Damages
• Loss Of Dependency
• Vicarious Liability
• Fatal-accidents
• Loss-of-dependency

Marboro Express Limited v Maragwa & another (Suing as the Legal Representatives of the Estate of Evans Nyambane Amoro (Deceased))

Marboro Express Limited v Maragwa & another (Suing as the Legal Representatives of the Estate of Evans Nyambane Amoro (Deceased)) [2025] KEHC 10157 (KLR)

Court

High Court

Case number

Civil Appeal E031 of 2021

Judge

JK Ng'arng'ar

The High Court found that the evidence on the circumstances of the accident was conflicting and inconclusive, with the only eyewitnesses (PW2 and DW2) giving opposing accounts. In such cases, established legal authority supports an equal apportionment of liability. The trial court's 50:50 apportionment was therefore upheld. Regarding quantum, the court determined that the trial court's use of a multiplicand of Kshs 10,000 for loss of dependency was not supported by documentary evidence of income. Applying the global sum approach, the High Court reduced the award for loss of dependency from Ks…

Source excerpt

• Road Traffic Accidents
• Apportionment Of Liability
• Assessment Of Damages
• Fatal Accidents Act
• Loss Of Dependency
• Contributory Negligence

Wanyoike & another v Wambui & another (Suing as the Administrators of the Estate of Nicholas Kanyi Wambui)

Wanyoike & another v Wambui & another (Suing as the Administrators of the Estate of Nicholas Kanyi Wambui) [2025] KEHC 10087 (KLR)

Court

High Court

Case number

Civil Appeal E324 of 2024

Judge

FN Muchemi

The High Court found that the trial magistrate erred by adopting the deceased's gross salary as the multiplicand for loss of dependency without deducting statutory deductions. The court held that only PAYE, NSSF, and NHIF should be deducted from the gross salary, as other deductions such as savings or loan repayments are not statutory and should not reduce the multiplicand. Upon recalculating, the court determined the correct multiplicand to be Kshs. 35,392.75, resulting in a revised award for loss of dependency of Kshs. 4,247,130/-, replacing the trial court's award of Kshs. 5,060,640/-. The…

Source excerpt

• Fatal Accidents Act
• Assessment Of Damages
• Loss Of Dependency
• Statutory Deductions
• Multiplicand Calculation

Victoria Engineering Limited v Ngatia & another (Suing as the Administrators of the Estate of the Late John Mbogo Ngatia)

Victoria Engineering Limited v Ngatia & another (Suing as the Administrators of the Estate of the Late John Mbogo Ngatia) [2025] KEHC 10124 (KLR)

Court

High Court

Case number

Civil Appeal E076 of 2023

Judge

GL Nzioka

The High Court partly allowed a fatal accident appeal, reducing damages for pain and suffering and recalculating loss of dependency using minimum wage and a 30-year multiplier.

• Fatal Accidents
• Quantum Of Damages
• Loss Of Dependency
• Pain And Suffering
• Special Damages
• Fatal-accidents-act

Flamingo Horticulture Kenya Ltd & another v Chepkwony & another (Suing as the Personal Representatives of the Estate of Kipkurui Vincent Bett - Deceased)

Flamingo Horticulture Kenya Ltd & another v Chepkwony & another (Suing as the Personal Representatives of the Estate of Kipkurui Vincent Bett - Deceased) [2025] KEHC 9769 (KLR)

Court

High Court

Case number

Civil Appeal E065 of 2023

Judge

JK Ng'arng'ar

The court found that the deceased died instantly in the accident, and thus the award for pain and suffering should be minimal. The trial court's award of Kshs 50,000 was excessive and was substituted with Kshs 20,000. On loss of dependency, the court held that siblings do not qualify as dependants under section 4 of the Fatal Accidents Act, and therefore the award of Kshs 1,536,000 was vacated. The awards for loss of expectation of life (Kshs 100,000) and special damages (Kshs 85,230) were upheld. After deducting 20% for contributory negligence, the total award was Kshs 164,184. The appeal wa…

Source excerpt

• Fatal Accidents Act
• Loss Of Dependency
• Pain And Suffering
• Loss Of Expectation Of Life
• Special Damages

Chepkorir & another (Suing as the Legal Representatives of the Estate of David Kipkurui Ngetich - Deceased) v Rotich & another

Chepkorir & another (Suing as the Legal Representatives of the Estate of David Kipkurui Ngetich - Deceased) v Rotich & another [2025] KEHC 9686 (KLR)

Court

High Court

Case number

Civil Appeal E002 of 2023

Judge

JK Ng'arng'ar

High Court appeal on quantum in a fatal road accident claim. The court increased pain and suffering and loss of dependency awards, but upheld other heads.

• Fatal Accidents
• Assessment Of Damages
• Loss Of Dependency
• Pain And Suffering
• Loss Of Expectation Of Life
• Fatal-accident-claims

Mutwiwa & another v Kinyua & another (Sing on behalf and as Personal Representatives of the Estate Francis Njoroge Wamai)

Mutwiwa & another v Kinyua & another (Sing on behalf and as Personal Representatives of the Estate Francis Njoroge Wamai) [2025] KEHC 9478 (KLR)

Court

High Court

Case number

Civil Appeal E048 of 2024

Judge

JK Ng'arng'ar

The High Court found that the trial court's award for loss of dependency was excessive in the absence of proof of income and that the global approach should be applied. The court reduced the award for loss of dependency to Kshs. 1,500,000 and for pain and suffering to Kshs. 20,000, finding these amounts more appropriate based on comparable authorities and the evidence presented. The court upheld the apportionment of liability at 100% against the appellants, as the evidence showed the appellants' vehicle hit the motorcycle from behind and there was no contributory negligence established on the…

Source excerpt

• Road Traffic Accidents
• Assessment Of Damages
• Apportionment Of Liability
• Loss Of Dependency
• Pain And Suffering