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Japheth Ngula Matingi v Attorney General [2016] KEHC 1224 (KLR)

[2016] KEHC 1224 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1224
Citation
[2016] KEHC 1224 (KLR)
Decided
26 July 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from the original trial outcomeCoramR.E. ABURILI
Holding

The court finds the plaintiff's claim for general and special damages valid and awards the plaintiff a total of Kshs 14,439,520, including special damages of Kshs 648,360.

Facts

The plaintiff, Japheth Ngula Matingi, was a taxi driver who was shot and injured by police officers while driving a taxi in Nairobi.

Issues

  1. Negligence of police officers
  2. Vicarious liability of the defendant
  3. Special damages claimed

Reasoning

The court found the plaintiff's claim for damages valid and awarded compensation based on the evidence presented.

Outcome

For the plaintiff

Orders

  • Award of general damages
  • Award of special damages
  • Award of costs of the suit
  • Award of interest on special damages and general damages

Remedies

  • Compensation for pain and suffering
  • Compensation for loss of earning capacity
  • Compensation for hiring a paraplegic nurse
  • Compensation for physiotherapy
  • Compensation for napkins, diapers, and catheters
  • Compensation for a special mattress
  • Compensation for an electrical hydraulic bed
  • Compensation for a modified toilet
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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