LUCY WAITHIRA KIMANI vs CHARLES J. KIARIE KIMANI [2000] KEHC 293 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI H.C.CIVIL CASE NO.3873 OF 1993

LUCY WAITHIRA KIMANI…………….…………….. PLAINTIFF

VERSUS

CHARLES J. KIARIE KIMANI ……………………… DEFENDANT

J UD G M E N T

The Plaintiff’s claim arises out of a road accident which occurred on the 18/11/1991 along Limuru-Naivasha Road involving motor vehicles Registration Number KRZ 781 and KAB 543V, which collided in which the deceased RAPHAEL KIMANI KIARIE was killed. The deceased was travelling as a lawful passenger in motor vehicle registration No.KRZ 781. The Plaintiff‘s have brought this suit in their capacity as Administrators of the estate of the deceased. This claim is brought both under the Law Reform Act Cap 26 and Fatal Accident Act Cap 32. Laws of Kenya.

The defendant was served with the hearing notice but did not appear to defend the suit. The suit proceeded ex-parte under O IXB R.3. The deceased passed away at the age of 29 years and left a widow LUCY KIMANI and two children. Denis aged 12 years and Wambui aged 9 years. The accident occurred due to the negligence of the defendants who were the driver and owner of motor vehicle registration NO.KAB 543V.

The deceased was employed byPRIME CHEMICALS LTD in Nairobi at a salary of Shs.5000/= per month. The Plaintiffs have proved their case on liability. I now proceed to assess quantum.

Counsel for the Plaintiffs in his submission suggested a figure of Shs.70,000/= for loss of expectation of life as conventional damages and Sh.66,407 special damages which were already proved by the widow of the deceased and who produced documents to support the same.       For the claim under the Law Reform Act I award Shs.70,000/= for loss of expectation of life.

Under the Fatal Accident Act counsel for the Plaintiff suggested a multiplier of 20. The deceased was 29 years old when he died. A multiplier of 16 would be suitable.

This would work out as follows:

16 X 5000 x 12=930,000

The figure may be brought forward as follows:-

Loss of dependency                            Kshs. 930,000/=

Loss of expectation of life                Kshs 70,000/=

TOTAL                                         KSHS.1,000,000/=

The deceased would spend 1/3 of the total sum for himself. This would work on as follows:-

1,000,000 X 2/3=KSHS.670,000/=

Special Damages      66,047/=

TOTAL KSHS.736,047/=

Accordingly there shall be Judgment for the Plaintiff and against the defendants jointly and severally for Shs.736,047/= plus costs and interest

There are two minors Dannis and Wambui aged 12 years and 9 years respectively . I make the apportionment as follows:-

LUCY WAITHIRA KIMANI – WIDOW         KSHS.336,047/=

DENISS NGANGA  KSHS.200,000/=

MARY WAMBUI                                             KSHS200,000/=

Dated and delivered at Nairobi this 11th day of February, 2000

J.L.A. OSIEMO

JUDGE