David Kariuki v Peter Kiarie Wambui & another [2014] KEHC 39 (KLR)
- Court
- High Court of Kenya
- Case number
- 39
- Citation
- [2014] KEHC 39 (KLR)
- Decided
- 13 August 2014
General Damages: Kshs.3,000,000/=",
Facts
The plaintiff, David Kariuki, was involved in a road traffic accident on 21/11/2011 resulting in injuries including amputation of the left lower limb, loss of teeth, and fractures. The accident was caused by the defendant, Peter Kiarie Wambui, and the plaintiff sustained general and special damages.
Issues
- General Damages
- Special Damages
- Loss of Future Earnings
- Future Medical Expenses
Reasoning
The court considered the extensive injuries and the plaintiff's inability to work due to the disability, awarding a substantial sum for general damages. Special damages were awarded based on the plaintiff's salary and the loss of future earnings. Future medical expenses were not awarded as the plaintiff's condition was considered healed.
Outcome
The plaintiff was awarded a total of Kshs.12,058,207/=, including general damages, special damages, and loss of future earnings.
Orders
- General Damages: Kshs.3,000,000/=
- Special Damages: Kshs.635,067/=
- Loss of Future Earnings: Kshs.9,504,000/= less 15% contribution
Remedies
- Award of Kshs.12,058,207/=
Authorities cited
Cases cited (2)
- D K M & ANOTHER V P.S. OFFICE OF THE PRESIDENT - MERU HCCC NO.15 OF 2004
- DAVID KIGOTHO IRIBE V JOHN WAMBUGU NDUNGU and DOLPHIN COACHES LTD [2008]eKLR
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