Moses Akumba & another v Hellen Karisa Thoya [2017] KEHC 737 (KLR)
- Court
- High Court of Kenya
- Case number
- 737
- Citation
- [2017] KEHC 737 (KLR)
- Decided
- 4 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the Malindi Chief Magistrate's CourtCoramHon. Justice S.J. Chitembwe
Holding
The appellant is found 100% liable for the accident and the total award for Appeal No. 17 of 2015 (Hellen Karisa Thoya) is left undisturbed. The award for Appeal No. 18 of 2015 is modified to include damages for pain and suffering, loss of expectation of life, loss of dependency, funeral expenses, and special damages.
Facts
The deceased, Kazungu Kenga, was riding a bicycle with Hellen Karisa Thoya when they were involved in an accident with a motor vehicle. The deceased died on the spot, and Thoya filed a civil suit for damages. The appellant filed appeals contesting the decision.
Issues
- Liability of the appellant
- Quantum of damages
Reasoning
The court found the appellant liable for the accident and modified the award for damages.
Outcome
Appeal partly succeeds on liability
Orders
- Damages for Pain & Suffering: Kshs. 50,000
- Loss of Expectation of Life: Kshs. 200,000
- Loss of Dependency: Kshs. 1,600,000
- Funeral Expenses: Kshs. 15,700
- Special Damages: Kshs. 37,300
Remedies
- The appellant is found 100% liable for the accident
- The award for Appeal No. 18 of 2015 is modified
Authorities cited
Cases cited (3)
- FRANCIS MBURU NJOROGE vs. REPUBLIC – NAIROBI HIGH COURT CRIMINAL APPEAL NO. 1131 OF 1986
- Charles Ng’ang’a Muhia Vs Republic
- Charles Ng’ang’a Muhia Vs Republic (1986) 1 KLR 100
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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