Isaac Kimani & another v Hellena Wanjiru Rukanga [2014] eKLR

Key Facts

Deceased Name

Issues

• Determining the appropriate multiplier under the Fatal Accidents Act for calculating damages
• Whether to make an award for funeral expenses included in special damages
• Determining the multiplicand (income) under the Fatal Accidents Act for calculating damages
• Whether to make an award for general damages under the Fatal Accidents Act, including multiplier, multiplicand, and dependency ratio
• Whether to make an award for general damages under the Law Reform Act
• Whether to make an award for special damages
• Determining the dependency ratio under the Fatal Accidents Act for calculating damages

Date of Death

Holdings

• Funeral expenses were adjusted from the agreed Kshs.58,901 to Kshs.50,000. The court acknowledged the necessity of funeral costs despite insufficient documentation for the additional Kshs.38,069 claimed.
• The total award, after accounting for 30% contributory negligence, was Kshs.160,231. This included Kshs.20,000 for pain and suffering, Kshs.100,000 for loss of expectation of life, Kshs.58,901 in special damages, and Kshs.50,000 for funeral expenses.
• The court set a multiplier of 9 years for calculating damages under the Fatal Accidents Act, rejecting the Plaintiff's 18-year and Defendant's 7-8-year proposals. This was based on the deceased's age (47) and the government's retirement age (60), adjusted for life uncertainty.
• The court found no proof of the deceased's income or business legitimacy. Bank statements lacked corroboration (e.g., permits, licenses, tax returns), leading to a determination that general damages for loss of dependency could not be awarded.
• The court determined that the Defendant was 70% liable for the road traffic accident on 20th April 2011. Liability was apportioned by mutual consent, with the Defendant bearing the larger portion.

Remedies

• A sum of Kshs.100,000 was awarded under the Law Reform Act for loss of expectation of life, as agreed by the parties.
• The court allowed Kshs.50,000 for funeral expenses, noting that the plaintiff failed to prove the additional amount claimed.
• The court awarded Kshs.20,000 under the Law Reform Act for pain and suffering by consent of the parties.
• The court ordered that costs be awarded to the plaintiff, though specific details were not provided in the judgment.
• The parties consented to Kshs.58,901 for special damages, which includes expenses like medical costs.
• The total award was Kshs.160,231, calculated by deducting 30% contributory negligence from the total damages of Kshs.228,901.
• The court ordered interest at the court rate on the special damages amount from the date the suit was filed.

Monetary Damages

Legal Principles

• The court ruled that claimants under the Fatal Accidents Act who are also beneficiaries under the Law Reform Act cannot duplicate general damages for the same cause of action.
• The court emphasized that proof of income is the cornerstone for a claim of loss of dependency, and the plaintiff failed to establish this through business permits, licenses, or corroborating documents.

Precedent Name

• RCR (Suing as the administrator of the Estate of J.K.) V. Uniliver Kenya Limited
• Rev. F. Leonard and Another V. Major K. Burgen
• Patricia Mona and Another V. Samuel Opot Omondi and Another
• Mary Muthoni Gachau V. The A. G. and Others
• Richard Macharia V. Philemon Rotich Langa

Executor Name

• Catherine Njeri Mugo
• Isaac Kimani

Cited Statute

• Law Reform Act
• Fatal Accident Act Cap 32 Laws of Kenya

Executor Appointment

Judge Name

Passage Text

• This court makes a finding that there was no proof of income and adds that proof of income is the cornerstone for a claim of 'loss of dependency'. No award on dependency can issue without proof of income.
• 9 years
• Total award: Kshs.160,231.00

Beneficiary Classes