Nyamai v Kaloki & another (Suing as the Legal Administrators of the Estate of Christine Kaluki Mwendwa - Deceased) (Civil Appeal E072 of 2024) [2025] KEHC 15670 (KLR) (4 November 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 15670
- Citation
- [2025] KEHC 15670 (KLR)
- Decided
- 4 November 2025
The appeal is allowed to the extent that the 9-year multiplier is set aside and replaced with a 6-year multiplier, resulting in a revised award for loss of dependency of Kshs. 651,499.20.
Facts
The appellant, Felix Kithuku Nyamai, was sued for a claim of general and special damages following a road traffic accident involving his motorcycle. The pillion passenger, Christine Kaluki Mwendwa, was fatally injured. The appellant was held 100% liable.
Issues
- Appellant's liability determination
- Excessive general damages award
Reasoning
The court found that the learned magistrate erred in awarding excessive general damages and in setting a 9-year multiplier, which was not supported by the evidence.
Outcome
The appeal is allowed to the extent that the 9-year multiplier is set aside and replaced with a 6-year multiplier, resulting in a revised award for loss of dependency.
Orders
- The 9-year multiplier is set aside and replaced with a 6-year multiplier.
- The award for loss of dependency is revised to Kshs. 651,499.20.
Remedies
- The appellant will be entitled to one-third of the costs of this appeal.
Authorities cited
Cases cited (4)
- Nance vs British Columbia Electric Railways Co. Ltd. [1951] AC 601
- Flint vs Lovell [1935] 1KB 354
- Davis vs Powell Duryn Associated Collieries Ltd. [1941] AC 601
- Rose Munyasa & another v Daphton Kirombo & another [2014] eKLR
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