AMK v Kenya Power & Lighting Company Limited [2020] KEHC 4861 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO. 28 OF 2019

AMK (Suing as the mother & next friend of JMK – Minor) ......PLAINTIFF

VERSUS

KENYA POWER & LIGHTING COMPANY LIMITED.......DEFENDANT

JUDGMENT ON REVIEW

1. On 14/04/2020, this Court delivered its judgment in this case whereby it awarded the plaintiff a total of Kshs.22,056,160/- as damages together with costs and interest of the suit.

2.  Vide her application dated 12/05/2020, the plaintiff applied for the review of the said judgment on the ground that, in computing the award for future medical expenses, the Court had erroneously indicated a total of Kshs. 16,500,000/- instead of Kshs. 17,500,000/-. Thus, the judgment was less by Kshs. 1,000,000/-.

3.   I have looked at the judgment and confirmed that indeed an error is apparent on the record since there was an arithmetical error.

4.   Accordingly, I allow the motion and review the judgment as follows: -

a) General damages …………… Kshs. 4,000,000/-

b) Special damages ……………. Kshs.    556,160/-

c) Loss of earning capacity …..... Kshs. 1,000,000/-

d) Future Medical Expenses ….... Kshs. 17, 500,000/-

Total                                          Kshs. 23,056,160/-

e) Costs and interest.

DATEDand DELIVEREDat Meru this 18th day of June, 2020.

A.MABEYA

JUDGE