CHETUNDA MORAA NYAMWAMU vs PHILIP KIPKEMBOI CHELULE [2003] KEHC 666 (KLR)

Facts

The plaintiff, Chetunda Moraa Nyamwamu, brought a suit as the personal representative of her late husband, Cosmas Nyamwamu Nyareki, who died in an accident involving an Obuya Express Bus. The 2nd defendant, Philip Kipkemboi Chelule, was charged with causing death by dangerous driving.

Issues

1. Duty of care and liability of the 2nd defendant
2. Calculation of damages

Reasoning

The court determined the 2nd defendant was negligent and awarded damages for pain and suffering, loss of expectation of life, and loss of dependency.

Outcome

Judgment for the plaintiff against both defendants jointly and severally