Peninah Mboje Mwabili v Kenya Power & Lighting Company Limited [2016] KEHC 3434 (KLR)

Facts

The plaintiff, Peninah Mboje Mwabili, was struck by a live overhead power transmission cable while at her shamba in Marapu Area, resulting in severe injuries including amputation of both legs, electrocution injury, and electric burns. She sought damages for general and special damages, costs, and other relief.

Issues

1. What injury, loss, and damage were sustained by the plaintiff?
2. Is the plaintiff entitled to the special damages pleaded in the amended plaint?
3. Should the plaintiff be paid general damages for pain and suffering and loss of amenities for the injuries sustained?
4. Does the plaintiff require future treatment?
5. Was the plaintiff involved in gainful employment before the injuries and if so, did she suffer loss of earning capacity and or diminished earning capacity after the accident?
6. If the plaintiff sustained loss of earning capacity as stated in issue 7, what is the multiplier, what is the multiplicand?
7. Does the plaintiff require house help, if so for how much and at what monthly pay?
8. Should judgment be entered for the plaintiff as pleaded in the Amended plaint?
9. Who bears the costs of this suit?

Reasoning

The court considered the plaintiff's injuries and the cases cited to determine the appropriate compensation.

Outcome

The court entered judgment in favor of the plaintiff for the amount of Kshs 5,460,880/=

Authorities cited