Ndungu mumbia muhuha (suing as the Legal representative of the Estate of Samuel Njuguna Ndungu(Deceased) v Katana Ngumbao Mwayele & another [2016] eKLR

Key Facts

Issues

• The court assessed damages under the Law Reform Act for the deceased's pain and suffering and loss of expectation of life. The plaintiff's advocates proposed Kshs. 50,000 for pain and suffering and Kshs. 100,000 for loss of expectation of life, while the defendant suggested Kshs. 120,000 for the latter. The court awarded an average of Kshs. 110,000 for loss of expectation of life and Kshs. 50,000 for pain and suffering, supported by cited authorities.
• The court evaluated loss of dependency under the Fatal Accidents Act by establishing the deceased's net income at Kshs. 24,000 after deductions, adopting a 22-year multiplier based on the deceased's age and legal precedents, and applying a 50% dependency ratio. The calculation (24,000 x 12 x 22 x ½) resulted in Kshs. 3,168,000. After deducting Kshs. 150,000 under the Law Reform Act and apportioning liability (70% to the plaintiff), the final award was Kshs. 2,112,600.

Holdings

• The deceased's net income was determined as Kshs.24,000/= after deductions, despite the employer not specifying the exact deductions in the certificate.
• Special damages of Kshs.81,150/= for funeral and legal expenses were approved, with interest from the date of filing the suit.
• Awards under the Law Reform Act included Kshs.50,000/= for pain and suffering and Kshs.110,000/= for loss of expectation of life, averaging the parties' submissions.
• The court awarded the plaintiff the costs of the suit, as per the judgment.
• The court apportioned liability at 30% to the defendants and 70% to the plaintiff based on the consent judgment dated 9th March 2015.
• General damages for loss of dependency were awarded at Kshs.3,018,000/., reduced by 30% to Kshs.2,112,600/= after liability apportionment.
• The court adopted a multiplier of 22 years for calculating loss of dependency under the Fatal Accidents Act, based on the deceased's age and legal precedents.

Remedies

• Kshs.2,112,600/= general damages with interest at court rates from the date of the judgment.
• Kshs.81,150/= special damages with interest from date of filing the suit until payment in full.
• The plaintiff awarded costs of the suit.

Monetary Damages

Legal Principles

• The judgment applied principles from the Fatal Accidents Act (multiplicand, multiplier, dependency ratio) and the Law Reform Act (pain and suffering, loss of expectation of life). The court also referenced apportionment of liability and relied on precedent for multiplier calculations.
• The court emphasized the importance of evidence in determining the deceased's net income, rejecting the defendants' unsubstantiated claim of Kshs.15,000/= and adopting the plaintiff's certified gross salary of Kshs.28,500/=. The burden of proof required parties to substantiate their financial claims with documentation.

Precedent Name

• Mwanzia -vs- Ngalali Mutua & KBS Ltd
• H. West & Sons Ltd -vs- Shepherd
• Rachael Irash Igunza -vs- Nyangenji Kamau
• Siyaram Enterprises & Another -vs- Samuel Nyachani
• Thairu -vs- Hon. Ezekiel Bargetuny & Another

Cited Statute

• Law Reform Act
• Fatal Accidents Act

Judge Name

Passage Text

• I find the sum of Kshs.81,150/= as reasonable expenditure towards funeral expenses.
• 24,000 x 12 x 22 x ½ = Kshs.3,168,000/= ... award on Law Reform Act of Kshs.150,000/= shall be deducted ... reduced by 30% to Kshs.2,112,600/=.
• I shall adopt a sum of Kshs.24,000/= as being a reasonable net income after deductions towards income tax and other statutory deductions. ... shall adopt twenty-two years as a reasonable multiplier in the circumstances.