Board of Management, Kapsimbiri Secondary School v Chepngetich (Suing as the Legal Representative of the Estate of Nicholas Kipkorir Chirchir (Deceased)) (Civil Appeal 037 of 2023) [2025] KEHC 41 (KLR) (13 January 2025) (Judgment)

Key Facts

Deceased Name

Issues

• The court reviewed the trial court's damage awards including Kshs 100,000 for pain and suffering, Kshs 150,000 for loss of expectation of life, and Kshs 2.4 million for loss of dependency. The Appellant contested these amounts as excessive, citing precedents for lower awards and arguing the deceased's income was unproven. The court adjusted pain and suffering to Kshs 50,000 while upholding other amounts as reasonable.
• The court determined whether liability for the accident should be apportioned at 70% to the Appellant as found by the trial court, or equally at 50% to both parties. The Appellant argued the deceased was solely at fault, while the Respondent maintained the Appellant's driver contributed to the collision. The court concluded both parties were equally to blame due to conflicting evidence and lack of conclusive proof.

Date of Death

Holdings

• The award for loss of expectation of life was upheld at Kshs 150,000, considering inflation and conventional principles.
• The Appellant was awarded half the costs of the Appeal, while the trial court's costs remained unchanged.
• Special damages (funeral, post-mortem, police abstract, and letters of administration expenses) were upheld at Kshs 63,000.
• The total award was adjusted to Kshs 1,663,000 after reducing the original Kshs 1,955,100 by 50% contribution and adding special damages.
• The court found that the deceased and the Appellant were equally to blame for the accident, apportioning liability at 50:50.
• A global sum of Kshs 3,000,000 was awarded for loss of dependency, based on the deceased's age and four dependants.
• The award for pain and suffering was reduced from Kshs 100,000 to Kshs 50,000, as the deceased died instantly without prolonged suffering.

Remedies

• The court awarded Kshs 50,000/= for pain and suffering.
• The Appellant is awarded half the costs of the Appeal, while the costs of the suit remain as per the trial court's award.
• The court awarded Kshs 63,000/= in special damages (funeral expenses, post-mortem, police abstract, and letters of administration).
• The court awarded Kshs 150,000/= for loss of expectation of life.
• The court awarded Kshs 3,000,000/= for loss of dependency.

Monetary Damages

Probate Status

Legal Principles

• The court applied the principle that when there is no concrete evidence to determine fault between two parties in an accident, liability should be apportioned equally (50:50) as established in cases like Hussein Omar Farah vs Lento Agencies (2006) eKLR and Haji vs Marair Freight Agencies (1984) KLR.
• The court emphasized using a global sum approach to assess loss of dependency when the deceased's income is unproven, as outlined in cases like Mwanzia vs Ngalali and Frankline Kimathi Baariu. This approach allows for flexible, case-specific damage calculations rather than rigid multiplier methods.

Succession Regime

Precedent Name

• Hussein Omar Farah vs Lento Agencies
• Capital Fish Kenya Limited vs. The Kenya Power & Lighting Company Limited
• Ndungu Wambui Christine & 2 others vs Muusi Nzivo Maingi aka Muusi Uzivo & another
• Melbrimo Investment Company Limited v Dinah Kemunto & Francis Sese
• Awale Transporters Ltd Mombasa v Wakhungu & another
• Haji vs Marair Freight Agencies LTD
• Premier Dairy Limited vs Amarjit Singh Sagoo
• Postal Corporation of Kenya & another v Dickens Munayi

Executor Name

Cited Statute

• Regulation of Wages (General) (Amendment) Order 2015
• Fatal Accidents Act

Executor Appointment

Judge Name

Passage Text

• 34. It is therefore my finding that the deceased and the Appellant were equally to blame for the accident and liability is thereby apportioned at 50:50.
• 46. Persuaded by the above authorities and based on the fact that the deceased died aged 30 years and had four dependants, I find that the award of a global sum of Kshs 3,000,000/= to be reasonable and fair as an award for loss of dependency.
• 52. The Respondents produced a bundle of receipts as P.Exh 8. The bundle contained receipts for the Post Mortem Examination, Police Abstract and legal fee for Letters of Administration. I am therefore satisfied that the Respondent pleaded and proved their special damages as listed above. In totality, the trial court did not err and correctly awarded the Respondent Kshs 63,000/= as special damages, which I hereby uphold.

Beneficiary Classes