John Kipkemei Siani & another v Joseph Cheployei Kibos (Suing as the Legal Representative of the Estate of Abraham Chepkonga Kibos) [2022] KEHC 816 (KLR)
- Court
- High Court of Kenya
- Case number
- 816
- Citation
- [2022] KEHC 816 (KLR)
The appeal is partly successful. The liability of the Appellants is upheld, but the specific award on dependency is reversed. A global award of Kshs. 100,000 will be made under that head.
Facts
The deceased, Abraham Chepkonga Kibos, died in a road accident involving a motor vehicle. The deceased was 74 years old, worked at Marigat Irrigation Scheme, and provided for 5 children in primary school. The 1st and 2nd Appellants, the driver and owner of the motor vehicle, were found liable for the accident.
Issues
- liability of the Appellants
- amount of damages to be awarded
Reasoning
The Court found that the Appellants were liable for the accident, but the Appellant failed to prove dependency. The Court upheld the specific award on dependency and reduced it to a global award of Kshs. 100,000.
Outcome
The appeal is partly successful.
Orders
- Vary the award of damages to Kshs. 270,000 with 5% deducted
- Award interest on the reduced amount
- Each party to bear their own costs
Remedies
- Vary the award of damages
- Award interest on the reduced amount
- Costs to be borne by each party
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
Cases cited (2)
- Chabhadiya Visram v Agnes Nafula Wakoli
- Samuel Mutitu Nderitu v Erastus Mutahi Mugambi
Loading judgment…