M’bagine v Nyaga (Civil Appeal 172 of 2019) [2026] KECA 335 (KLR) (27 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 335
- Citation
- [2026] KECA 335 (KLR)
- Decided
- 27 February 2026
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TypeCivil AppealPostureSecond AppealCoramW. KARANJA, JAMILA MOHAMMED, KIMARU, J.J.A.
Holding
The Court affirmed the High Court's decision that the appellant did not establish that he was a statutory dependant under the FAA.
Facts
The deceased, Fridah Gacheri Gikunda, died in a road traffic accident in 2011. The appellant, J.G. M'Bagine, claimed loss of dependency under the Fatal Accidents Act.
Issues
- Whether the High Court erred in affirming the finding that the appellant did not establish that he was a statutory dependant.
- Whether the claim for loss of dependency was proved and assessable on the multiplier/multiplicand approach.
Reasoning
The Court found that the appellant's testimony was inconsistent with his pleadings, and the High Court's finding that he was a sister of the deceased, not a daughter, was not erroneous.
Outcome
Affirmed
Authorities cited
Legislation (2)
- Fatal Accidents Act
- Law Reform Act
Cases cited (5)
- Selle & Another v Associated Motor Boat Co. Ltd
- Kenya Breweries Ltd v Godfrey Odoyo
- Karingo v Republic
- M'Riungu v Republic
- Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 Others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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