Njenga (Suing in her personal capacity as the administrator of the Estate of Geoffrey Njenga Gikeri - Deceased) v Mwaniki (Civil Case 10 of 2014) [2014] KEMC 15 (KLR) (8 January 2014) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 15
- Citation
- [2014] KEMC 15 (KLR)
- Decided
- 8 January 2014
The plaintiff is awarded Kshs. 1,360,000/= for loss of dependency under the Fatal Accident Act, Kshs. 100,000/= for loss of life expectancy, and Kshs. 165,410/= for special damages. The total award is Kshs. 1,415,410/=. The defendant is ordered to pay the plaintiff's costs and interests at court rates.
Facts
The defendant, Francis Kungu Mwaniki, was driving a Toyota vehicle when the deceased, Geoffrey Njenga Gikeri, was a passenger. The deceased sustained serious injuries and died on arrival at Nyahururu District Hospital.
Issues
- Quantum of damages
- Loss of dependency
- Pain and suffering
- Loss of life expectancy
- Funeral expenses
Reasoning
The court found the defendant 100% liable for the deceased's death. The plaintiff's claim for loss of dependency was based on the deceased's expected life beyond 60 years, and the court awarded Kshs. 1,360,000/= for this. The court awarded Kshs. 100,000/= for loss of life expectancy and Kshs. 165,410/= for funeral expenses.
Outcome
The plaintiff is awarded Kshs. 1,415,410/=
Orders
- Judgment in favor of the plaintiff and against the defendant
Remedies
- Costs and interests at court rates
Authorities cited
Legislation (2)
- Fatal Accident Act
- Law Reform Act
Cases cited (1)
- Lucy M. Njeri Vrs Fredrick Mbuthia [2009]eKLR
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