Kenya Power & Lighting Company Limited v Leonard Ochieng Mugenya (suing as a personal representative/administrator of the estate of James Okwiri Ochieng) [2018] KEHC 7384 (KLR)
- Court
- High Court of Kenya
- Case number
- 7384
- Citation
- [2018] KEHC 7384 (KLR)
- Decided
- 19 April 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree in Kisumu CMCC No. 258 of 2013CoramT. W. CHERERE
Holding
The appeal is partially successful, with the award on loss of dependency substituted with a new sum of Kshs. 1,085,344.00, while the award on pain and suffering and loss of expectation of life remains as awarded by the trial court.
Facts
The deceased, James Okwiri Ochieng, was electrocuted on 24th March, 2010 due to the negligence of the appellant, Kenya Power & Lighting Company Limited. The respondent, Leonard Ochieng Mugenya, sued the appellant for damages.
Issues
- The appropriateness of the trial court's award of damages under the Fatal Accidents Act and Law Reform Act
- The trial court's application of the multiplier and multiplicand in calculating damages
Reasoning
The court found that the trial court applied the wrong principles in awarding damages and that the multiplier and multiplicand were not correctly applied.
Outcome
Partial success for the appellant
Orders
- Substitute the judgment of the trial court on loss of dependency with the sum of Kshs. 5218 x 2/3 x 26 x 12 = Kshs.1,085,344.00
- The respondents will have 1⁄2 costs of the appeal
Authorities cited
Cases cited (2)
- HELLEN WARUGURU WAWERU (SUING AS THE LEGAL REPRESENTATIVE OFPETER WAWERU MENJA (DECEASED VS. KIARIE SHOE STORES LIMITED NYERI CIVIL APPEAL22 OF 2014
- Regulation of Wages (General) (Amendment) Order 2013 (Legal Notice No. 197/13)
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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