Kenya Case Law

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

Wachira & another v Njoroge & another (Suing as the Administrators of the Estate of Morris Wandaja Mburu (Deceased))

Wachira & another v Njoroge & another (Suing as the Administrators of the Estate of Morris Wandaja Mburu (Deceased)) [2025] KEHC 8750 (KLR)

Court

High Court

Case number

Civil Appeal 107B of 2019

Judge

JRA Wananda

The High Court found that the trial magistrate did not err in principle or act unreasonably in the assessment of damages. The award for pain and suffering (Kshs 20,000) was within the range of recent comparable awards for cases where the deceased died instantly. The award for loss of expectation of life (Kshs 150,000) was also within the margins of recent authorities, albeit on the higher side, but not manifestly excessive. On loss of dependency, the court accepted that while documentary proof of the deceased's earnings was lacking, oral evidence and daily worksheets supported the finding tha…

Source excerpt

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

Oruko v Samo & another (Suing as the Legal Representatives and Administrators in the Estate of Tom Odhiambo Samo)

Oruko v Samo & another (Suing as the Legal Representatives and Administrators in the Estate of Tom Odhiambo Samo) [2025] KEHC 8800 (KLR)

Court

High Court

Case number

Civil Appeal E080 of 2022

Judge

BM Musyoki

High Court appeal from a fatal accident claim dismissed. The court upheld 70:30 liability, conventional damages for pain and suffering, and the multiplier approach to dependency.

• Fatal Accidents
• Apportionment Of Liability
• Assessment Of Damages
• Loss Of Dependency
• Pain And Suffering
• Loss Of Expectation Of Life

Khandasi (Suing as the Administrator of the Estate of Humphrey Adongo Khisa - Deceased) v Butali Sugar Mills Ltd

Khandasi (Suing as the Administrator of the Estate of Humphrey Adongo Khisa - Deceased) v Butali Sugar Mills Ltd [2025] KEHC 8574 (KLR)

Court

High Court

Case number

Civil Appeal E121 of 2024

Judge

S Mbungi

High Court appeal in a fatal accident claim partly allowed, with liability at 50:50 upheld but damages enhanced for dependency and loss of expectation of life.

• Fatal Accidents
• Contributory Negligence
• Assessment Of Damages
• Dependency Ratio
• Loss Of Expectation Of Life
• Fatal-accident-claims

Bengcom Communications Limited & another v Manje & another (Suing as Legal Representatives of the Estate of Elvise Odhiambo Manje - Deceased)

Bengcom Communications Limited & another v Manje & another (Suing as Legal Representatives of the Estate of Elvise Odhiambo Manje - Deceased) [2025] KEHC 8430 (KLR)

Court

High Court

Case number

Civil Appeal 119 of 2019

Judge

BM Musyoki

High Court appeal on quantum only. The court reduced damages for pain and suffering and loss of dependency, upheld loss of expectation of life, and left liability at 15:85.

• Quantum Of Damages
• Fatal Accidents Act
• Law Reforms Act
• Loss Of Dependency
• Pain And Suffering
• Loss Of Expectation Of Life

Manywanda & another (Suing as the Legal Representatives of the Estate of William Oduor) & 5 others v Tahmeed Transporters Ltd & 5 others

Manywanda & another (Suing as the Legal Representatives of the Estate of William Oduor) & 5 others v Tahmeed Transporters Ltd & 5 others [2025] KEHC 7535 (KLR)

Court

High Court

Case number

Civil Appeal E005 of 2023

Judge

JM Nang'ea

High Court appeal on road-accident damages: loss of dependency was upheld, while pain and suffering and loss of expectation of life were enhanced.

• Fatal Accidents Act
• Law Reform Act
• Assessment Of Damages
• Loss Of Dependency
• Pain And Suffering
• Loss Of Expectation Of Life

Gaku v Nderi & another (Suing as the Legal Representatives of the Estate of Josephat Mungai Mburu)

Gaku v Nderi & another (Suing as the Legal Representatives of the Estate of Josephat Mungai Mburu) [2025] KEHC 7347 (KLR)

Court

High Court

Case number

Civil Appeal E073 of 2024

Judge

FN Muchemi

High Court appeal in a fatal accident claim dismissed. The court upheld full liability against the appellant and confirmed the damages awarded for dependency, pain, and expectation of life.

• Fatal Accidents
• Assessment Of Damages
• Apportionment Of Liability
• Loss Of Dependency
• Loss Of Expectation Of Life
• Fatal-accidents

Ndung’u & another v Kuria (Suing as Administrator and/or Personal Representative of the Estate of Beth Nanyait - Deceased)

Ndung’u & another v Kuria (Suing as Administrator and/or Personal Representative of the Estate of Beth Nanyait - Deceased) [2025] KEHC 6335 (KLR)

Court

High Court

Case number

Civil Appeal E263 of 2023

Judge

SM Mohochi

The High Court held that the trial magistrate did not err in awarding Kshs. 2,000,000 as a global sum for loss of dependency, Kshs. 60,000 for pain and suffering, and Kshs. 200,000 for loss of expectation of life. The court found that the awards were within the range of recent comparable decisions and reflected the prevailing economic conditions, including inflation. The appellate court reiterated that it would only interfere with the trial court's discretion if the awards were inordinately high or low, or if the trial court applied wrong principles or misapprehended the evidence. In this cas…

Source excerpt

• Assessment Of Damages
• Loss Of Dependency
• Loss Of Expectation Of Life
• Pain And Suffering
• Quantum Of Damages

Wanjau & another (Suing as the Administrators of the Estate of Charles Wanjau Murugi - Deceased) v Daneva Company Limited

Wanjau & another (Suing as the Administrators of the Estate of Charles Wanjau Murugi - Deceased) v Daneva Company Limited [2025] KEMC 97 (KLR)

Court

Magistrate's Court

Case number

Civil Suit E806 of 2024

Judge

PA Ndege

Fatal accident claim arising from a tuk-tuk driver’s death. The court awarded damages under the Fatal Accidents Act and Law Reform Act, plus costs and interest, after a 15% contribution deduction.

• Fatal Accidents
• Negligence
• Quantum Of Damages
• Loss Of Dependency
• Loss Of Expectation Of Life
• Loss Of Consortium