Ondigo (Suing as the legal representative of the Estate of the Late Benard Oreto Auko) v Amina (Civil Appeal E028 of 2024) [2026] KEHC 3986 (KLR) (12 March 2026) (Judgment)
- Court
- High Court of Kenya
- Case number
- 3986
- Citation
- [2026] KEHC 3986 (KLR)
- Decided
- 12 March 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Judgment and Decree of the Resident MagistrateCoramM.D. KIZITO, J.
Holding
The appeal is allowed on both liability and quantum. The finding on liability is set aside, and the appellant is found 100% liable. The award on loss of dependency is set aside, and a new award is made.
Facts
The deceased, Benard Oreto Auko, died in an accident involving the Respondent, Terry Amina. The Resident Magistrate found the deceased and the Respondent equally at fault and awarded damages.
Issues
- Liability determination
- Quantum of damages
Reasoning
The court re-evaluated the evidence and found the lower court's finding of liability at 50:50 to be erroneous. The court substituted a finding of 100% liability for the appellant.
Outcome
The appeal is allowed.
Orders
- Judgment on liability for the appellant at 100% liability
- Set aside the award on loss of dependency and enter a new award of Ksh. 2,272,422/=
- Award of special damages, pain and suffering, and loss of expectation of life as previously stated
- Costs of the lower court to the appellant
- 30-day stay of execution
- Right of Appeal within 14 days
Remedies
- Judgment on liability for the appellant at 100% liability
- Set aside the award on loss of dependency and enter a new award of Ksh. 2,272,422/=
Authorities cited
Cases cited (2)
- Ndiritu (Suing as Administrator for the Estate of George Ndiritu Kariamburi - Deceased) v Ropkoi & another [2004] KECA 65 (KLR)
- Rai & 4 others v [2014] KESC 31 (KLR)
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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