Viviane Anyango Onyango & another v Charity Wanjiku [2017] KEHC 586 (KLR)
- Court
- High Court of Kenya
- Case number
- 586
- Citation
- [2017] KEHC 586 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureSummary JudgmentCoramJ.N. MULWA
Holding
The plaintiffs are entitled to damages for pain and suffering, loss of expectation of life, loss of dependency, and special damages.
Facts
The deceased, Priscilla Akinyi Amburo, was a lecturer at Narok University and died in a road traffic accident while a passenger in a vehicle driven by Charity Wanjiku.
Issues
- Whether the defendant's driver was negligent and therefore liable in damages.
- Whether the deceased contributed to the occurrence of the accident.
- Whether the plaintiffs are entitled to the reliefs sought in the plaint.
Reasoning
The court found the defendant's driver negligent and liable for damages. The plaintiffs were entitled to the full award under both the Law Reform Act and the Fatal Accidents Act.
Outcome
Summary Judgment in favor of the plaintiffs.
Orders
- Liability - 100%
- Special damages - Kshs. 2,157/=
- Pain and suffering - Kshs. 20,000/=
- Loss of expectation of life - Kshs. 200,000/=
- Loss of Dependency - Kshs.11,268,960/=
- Special damages - Kshs. 2,157/=
Remedies
- Interest at court rates shall accrue to the above awards from the date of this judgment.
- The plaintiffs shall have costs of the suit.
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
Cases cited (3)
- Amalgamated Saw Mills Ltd -vs- Stephen Muturinguru HCCC No. 75 of 2005
- MO -vs- Simon Kimutai & Another (2016) e KLR
- Civil Appeal No. 22 of 2014 Hellen Wanguru Waweru -vs- Kiarie Shoe Stores Ltd (2015) e KLR
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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