Nambuki Ngyema Kilonzo v Patrick Kiamba & another [2019] KEHC 1025 (KLR)
- Court
- High Court of Kenya
- Case number
- 1025
- Citation
- [2019] KEHC 1025 (KLR)
- Decided
- 13 December 2019
The court found the defendants liable for the accident and awarded the plaintiff damages including special damages, general damages, loss of expectation of life, and loss of life dependency.
Facts
Fransiscah Mbithe Kilonzo, deceased, was fatally injured in a road traffic accident while traveling as a fare-paying passenger aboard motor vehicle registration No KAY 204R. The plaintiff, Ndambuki Ngyema Kilonzo, filed a suit against Patrick Kiamba and Joseph Oswaya under the Fatal Accidents Act and Law Reform Act.
Issues
- whether the defendants are liable for the accident that fatally injured the deceased
- whether the plaintiff is entitled to claim damages and if yes, how much
Reasoning
The court determined that the accident was caused by the negligent acts of the 2nd defendant and awarded damages based on the deceased's lost earnings and pain and suffering.
Outcome
Judgment in favor of the plaintiff and against the defendants jointly and severally.
Orders
- Special damages ksh. 15,600
- General damages for pain and suffering ksh. 30,000
- Loss of expectation of life ksh. 100,000
- Loss of life dependency ksh 25,995,368
- Costs of this suit
Remedies
- Damages awarded for special damages, pain and suffering, loss of expectation of life, and loss of life dependency
Authorities cited
Legislation (2)
- Fatal Accidents Act
- Law Reform Act
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