Automated Summary
Key Facts
The case involves a fatal accident on 26th May 2010 where Loise Njeri Mbugua, a 20-year-old student, was struck and killed by a motor vehicle (KAZ 193G) driven by the 2nd Defendant (Erick Ochieng Barasa) and owned by the 1st Defendant (Robbert Barasa) at a bus stop near Total Petrol station on Jogoo Road. The Plaintiff, as administrator of the deceased’s estate, claims damages under the Fatal Accident Act (loss of dependency) and Law Reform Act (loss of expectation of life). The court awarded Ksh 4,200,000 under the Fatal Accident Act, Ksh 150,000 for loss of expectation of life, and Ksh 81,400 in special damages (funeral, mortuary, administrative costs), totaling Ksh 4,431,400. Liability was apportioned 100% to the Defendants.
Deceased Name
Loise Njeri Mbugua
Issues
The court determined the quantum of damages under the Fatal Accident Act and Law Reform Act, including calculations for loss of dependency, loss of expectation of life, and special damages.
Date of Death
2010 May 26
Holdings
- The total award of Ksh 4,431,400 was granted, combining general and special damages, with costs of the suit awarded to the plaintiff.
- Ksh 150,000 was awarded under the Law Reform Act for loss of expectation of life, as the deceased died instantly with no pain and suffering.
- Ksh 4,200,000 was awarded under the Fatal Accident Act for loss of dependency, calculated using a multiplicand of Ksh 20,000, a 35-year multiplier, and a 50% dependency ratio.
- Interest was granted on general damages at court rate from the date of judgment until payment, and on special damages from the filing date until settlement.
- The court apportioned 100% liability in favor of the plaintiff and against the defendants, finding the 2nd Defendant (driver) and 1st Defendant (owner) fully responsible for the accident.
- Ksh 81,400 in special damages was awarded, covering funeral expenses, mortuary costs, administrative fees, and other incidentals.
Remedies
- The costs of the suit were awarded to the Plaintiff, to be agreed upon or taxed as per court directive.
- Interest on the general damages will be charged at the court rate from the date of judgment until the amount is fully paid.
- An award of Ksh 150,000 was made for loss of expectation of life under the Law Reform Act, considering the deceased's young age.
- Special damages totaling Ksh 81,400 were awarded, covering funeral expenses, mortuary costs, letters of administration, and other related costs as pleaded and proven.
- Interest on special damages will be calculated from the date of the filing of the suit until full settlement.
- A sum of Ksh 4,200,000 was awarded under the Fatal Accident Act, calculated based on an expected income of Ksh 20,000 per month, a 35-year multiplier, and a 50% dependency ratio.
- The court apportioned liability at 100% in favor of the Plaintiff against the Defendants.
Monetary Damages
4431400.00
Probate Status
Letters of administration issued for the estate of Loise Njeri Mbugua
Legal Principles
The court applied the Fatal Accident Act and the Law Reform Act to determine the quantum of damages. It calculated damages based on the deceased's expected income, dependency ratio, and special expenses, referencing prior court decisions for guidance.
Succession Regime
Other
Precedent Name
- Kemfro Africa Ltd T/A 'Meru Express Services (1976) & Anor Vs Lubia & Anor (No 2)
- Sheikh Mushtaq Hassan Vs Nathan Mwangi Kamau Transportes & 5 Others
Executor Name
Mercy Wanjiru Muiruri
Cited Statute
- Law Reform Act
- Fatal Accident Act
Executor Appointment
Administrator of the estate of Loise Njeri Mbugua
Judge Name
D. A. Onyancha
Passage Text
- Loss of expectation of life of Kshs.150,000/- is hereby awarded.
- Ksh 20,000 x 35 years x 12 months x ½= Ksh 4,200,000
- Special damages Kshs.81,400/- is awarded.
Beneficiary Classes
Other