Waweru (Legal Representative of the Late Bernard Kamore Waweru) v Wairimu & another (Civil Appeal E070 of 2021) [2024] KEHC 16640 (KLR) (19 December 2024) (Judgment)
- Court
- High Court of Kenya
- Case number
- 16640
- Citation
- [2024] KEHC 16640 (KLR)
- Decided
- 19 December 2024
The appeal is allowed on liability against the 1st respondent at 100%. The appeal against the 2nd respondent is dismissed in its entirety. The appellant is awarded damages for pain and suffering, loss of expectation of life, loss of dependency, and special damages.
Facts
The appellant's son, Bernard Kamore Waweru, died in a road traffic accident allegedly caused by the negligence of the 1st respondent. The appellant sued the respondents for general and special damages.
Issues
- Whether the trial court erred in finding the deceased to be at fault for his own death
- Whether the trial court erred in dismissing the appellant's case
Reasoning
The court found the trial court's finding that the deceased was at fault for his own death was based on hearsay evidence and was not supported by independent evidence. The court awarded a global sum of Kshs 1,000,000 for loss of dependency.
Outcome
Appeal allowed on liability against the 1st respondent at 100%, appeal against the 2nd respondent dismissed.
Orders
- Award of damages for pain and suffering - Kshs 100,000
- Award of damages for loss of expectation of life - Kshs 150,000
- Award of damages for loss of dependency - Kshs 1,000,000
- Award of special damages - Kshs 33,600
- Total award - Kshs 1,283,600
Remedies
- Interest on general damages from the date of judgment until payment in full
- Interest on special damages from the date of filing the suit until payment in full
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
Cases cited (2)
- Sielle & Another V Associates Motor Boat Company ltd & others [1968] EA 123
- Kwamboka (suing as a dependant and personal representative of the Estate of Albert Nyabongoya Onchiri V Okiru & Another (Civil appeal No E017 of 2023) KEHC 8442
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