MORANGA ABEL NYAKENYANYA v JACKSON KICHWEN [1999] KEHC 40 (KLR)
- Court
- High Court of Kenya
- Case number
- 40
- Citation
- [1999] KEHC 40 (KLR)
- Decided
- 20 July 1999
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a High Court judgmentCoramR NAMBUYE
Holding
The court awards Kshs 316,440 in special damages and Kshs 250,000 in general damages for pain and suffering.
Facts
The deceased, a minor, was walking on a pedestrian walkway near Kimumu centre when he was hit by a vehicle driven by the defendant. The plaintiff, the deceased's father, filed two suits on behalf of the minor and the deceased's estate.
Issues
- Quantum of damages for the deceased and the minor
- Apportionment of damages between the plaintiff and the minor's mother
Reasoning
The court considered the evidence and medical reports to assess the damages. It awarded special damages based on the expenses incurred and general damages for the pain and suffering endured.
Outcome
Judgment for the plaintiff in both cases
Orders
- Special damages of Kshs 16,440 with interest
- General damages of Kshs 250,000 with interest
- Investment of Kshs 200,000 in an interest-earning account for the minor's benefit
Remedies
- Interest earned to be applied towards the minor's education and maintenance
Authorities cited
Legislation (3)
- Law Reform Act
- Fatal Accidents Act
- Law Report
Cases cited (2)
- Marko Mwenda v Benard Mugambi
- Sarah Wairimu Njau v Joseph Ndungu Mwangi
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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