R N K & M K M v Patrick Mwai & Coast Broadway Company [2014] KEHC 3815 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NUMBER 342 OF 2009

R N K& M K M (Suing as the personal representative

Of the Estate S K M. ………................……….. PLAINTIFF

VERSUS

PATRICK MWAI. ……………………………… 1ST DEFENDANT

COAST BROADWAY COMPANY. ……….…. 2ND DEFENDANT

R U L I N G

I have carefully examine the proposal for a deed of settlement in respect of the sum of Ksh.800,000/-, the subject of the judgment sum due to the Plaintiff’s family. The distribution appears reasonable except for the element of legal costs which appears to consume a full quarter of the sum due as the decretal sum.

The court will accordingly seek justification for the legal costs of Ksh.200,000/- with intention to reduce the same to Ksh.150,000/-. If that is done, the deducted sum of Ksh.50,000/- will be added to the widow’s share before the sum to the minors is paid to an interest-earning saving fixed account.

Dated and delivered at Nairobi this 26th day of June, 2014.

………………………………………

D A ONYANCHA

JUDGE