Kenya Case Law

Athi River Shalom Community Hospital v Machuki & another (Suing as the Legal Representatives of the Estate of Everlyne Moraa-Deceased)

Athi River Shalom Community Hospital v Machuki & another (Suing as the Legal Representatives of the Estate of Everlyne Moraa-Deceased) [2025] KEHC 4272 (KLR)

Court

High Court

Case number

Civil Appeal E027 of 2020

Judge

EN Maina

The hospital was found liable for medical negligence based on evidence from the post-mortem report and the findings of the Medical Practitioners and Dentists Board, which indicated a poorly managed caesarean section leading to internal bleeding and the deceased's death. The court found that the pathologist was qualified to testify on the cause of death, and the hospital failed to provide sufficient evidence to rebut the findings presented.

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• Medical Negligence
• Wrongful Death
• Damages Assessment
• Expert Evidence
• Burden Of Proof
• Distribution Of Award

Kamau & another (Suing as the Legal Representatives of the Estate of Dorcas Njoki Chege (Deceased)) v Kenya Power & Lighting Company Limited

Kamau & another (Suing as the Legal Representatives of the Estate of Dorcas Njoki Chege (Deceased)) v Kenya Power & Lighting Company Limited [2025] KEMC 39 (KLR)

Court

Magistrate's Court

Case number

Civil Suit E420 of 2023

Judge

PA Ndege

The court found Kenya Power fully liable for a fatal electrocution caused by exposed live wires and awarded the estate and dependants Kshs 6,171,000 plus costs and interest.

• Negligence
• Wrongful Death
• Damages Assessment
• Statutory Duties Of Utilities
• Wrongful-death
• Fatal-accidents-act

BJC v Mochache & another

BJC v Mochache & another [2025] KECA 60 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 67 of 2017

Judges

MA Warsame, SG Kairu, FA Ochieng

The Court of Appeal found that the High Court erred in dismissing the appellant's claim by failing to properly consider the evidence, particularly the undisputed change in medication by another doctor to an adult dose of Maxime 500 mg IV without consultation with the admitting doctor (1st Respondent), and the report from the Medical Practitioners and Dentists Board which found that this overdose contributed to the patient's death. The hospital, as the employer, was vicariously liable for the negligence of its staff in administering the overdose, which was established on a preponderance of evi…

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• Medical Negligence
• Vicarious Liability
• Standard Of Care
• Damages Assessment
• Hospital Liability
• Wrongful Death

Ndavi (Suing as the legal representative of the Estate of Maurice Nyambu Ndavi - Deceased) v Kenya Power & Lighting Company Limited

Ndavi (Suing as the legal representative of the Estate of Maurice Nyambu Ndavi - Deceased) v Kenya Power & Lighting Company Limited [2024] KEHC 16338 (KLR)

Court

High Court

Case number

Civil Appeal 138 of 2022

Judge

JM Nang'ea

The High Court found Kenya Power wholly liable for the electrocution death, set aside contributory negligence, and upheld the trial court’s loss of dependency award.

• Negligence
• Apportionment Of Liability
• Assessment Of Damages
• Loss Of Dependency
• Wrongful Death
• Apportionment-of-liability

Mano v Kenyatta National Hospital

Mano v Kenyatta National Hospital [2024] KEHC 13061 (KLR)

Court

High Court

Case number

Civil Appeal E164 of 2023

Judge

TW Ouya

The High Court found that the appellant's suit was not time-barred, as leave to file out of time had been properly granted by the trial court. On the merits, the court held that the respondent hospital owed the deceased a statutory duty of care, which was breached through inordinate delays in providing critical medical interventions, failure to advise on transfer options, and laxity in management. The court determined that these breaches amounted to medical negligence, causally linked to the deceased's death. The respondent's defence of overstretched facilities did not absolve it from liabili…

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• Medical Negligence
• Duty Of Care
• Hospital Liability
• Wrongful Death
• Assessment Of Damages
• Limitation Of Actions

Elkington (Suing as personal representatives of the Estate of Charles Antony Elkington - Deceased) v Attorney General & another

Elkington (Suing as personal representatives of the Estate of Charles Antony Elkington - Deceased) v Attorney General & another [2024] KEHC 12743 (KLR)

Court

High Court

Case number

Civil Case 298 of 2012

Judge

JN Mulwa

The court found that the deceased was arrested by police officers known to the family, taken into custody, and subsequently shot dead, with his body deposited at the City Mortuary by police officers. The defendants did not adduce any evidence to rebut the plaintiff's credible and consistent testimony. The court held that the plaintiff proved, on a balance of probabilities, that the fatal shooting was perpetrated by the police in the course of their employment, making the state vicariously liable. The court applied the global approach to assess damages under the Fatal Accidents Act due to lack…

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• Wrongful Death
• Police Misconduct
• Vicarious Liability
• Compensation For Fatal Injury
• Damages Assessment
• Violation Of Right To Life

Kithome & Mutanu (Suing as an Administrator of the Estate of Joseph Mwanzau - Deceased) v Kenya Power & Lighting Company Limited

Kithome & Mutanu (Suing as an Administrator of the Estate of Joseph Mwanzau - Deceased) v Kenya Power & Lighting Company Limited [2024] KEHC 7832 (KLR)

Court

High Court

Case number

Civil Appeal E324 of 2022

Judge

DAS Majanja

The court found that the appellants failed to provide evidence linking the respondent to the illegal electricity connection or to any negligence that caused the deceased's electrocution. The evidence showed that the appellants themselves attributed the negligence to the landlord, not the respondent, and there was no proof that the respondent was notified of any illegal connections or failed to act upon such notice. The trial magistrate's conclusion that the respondent was not responsible was upheld, as the appellants did not discharge their evidentiary burden to prove the respondent's liabili…

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• Negligence Liability
• Wrongful Death
• Burden Of Proof

Gakuru & another (Suing as the representatives of the Estate of the Late Francis Ritho Mugo) v Corporate Insurance Co Limited

Gakuru & another (Suing as the representatives of the Estate of the Late Francis Ritho Mugo) v Corporate Insurance Co Limited [2024] KEHC 6353 (KLR)

Court

High Court

Case number

Civil Case 408 of 2014

Judge

AN Ongeri

The High Court declared the insurer liable to satisfy a judgment obtained against the insured vehicle owner, finding statutory notice and policy coverage proved.

• Motor Vehicle Third Party Risks
• Declaratory Judgment
• Statutory Notice Requirements
• Insurer Liability
• Wrongful Death
• Enforcement Of Judgments

Board of Management of St. Catherine Nangina Girls Primary School & another v Egesa & another (Suing as Administrator and Next Friend of Pauline Apiyo Ouma)

Board of Management of St. Catherine Nangina Girls Primary School & another v Egesa & another (Suing as Administrator and Next Friend of Pauline Apiyo Ouma) [2024] KEHC 5620 (KLR)

Court

High Court

Case number

Civil Appeal E027 of 2022

Judge

WM Musyoka

The High Court upheld liability against a school board for negligence after a pupil died following illness at school, but reduced general damages from Kshs. 3,000,000 to Kshs. 2,300,000.

• Negligence
• Wrongful Death
• Liability Of Educational Institutions
• Quantum Of Damages
• Wrongful-death
• Educational-institutions-liability

Ng’ang’a & 4 others v Mutiso (Suing as the legal representative of the Estate of EJM - Deceased)

Ng’ang’a & 4 others v Mutiso (Suing as the legal representative of the Estate of EJM - Deceased) [2024] KEHC 5421 (KLR)

Court

High Court

Case number

Civil Appeal E133 of 2022

Judge

FROO Olel

The High Court dismissed an application to stay civil proceedings pending appeal, finding no exceptional circumstances despite a related criminal case.

• Stay Of Proceedings
• Interlocutory Appeals
• Wrongful Death
• Judicial Discretion
• Stay-of-proceedings
• Interlocutory-appeals