RABECCA SAVETHI MWANGI vs EASTERN BUS SERVICES LTD & CHRISTOPHER NGARA KAUKO [2000] KEHC 173 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 2750 OF 1998

RABECCA SAVETHI MWANGI……………………………………..PLAINTIFF -VERSUS- 1. EASTERN BUS SERVICES LTD…………………………….1ST DEFENDANT 2. CHRISTOPHER NGARA KAUKO……………………………2ND DEFENDANT

JUDGMENT

The Plaintiff has sued the Defendant’s for general damages following the death of her husband in the road accident on 17. 4.1995. The deceased was a paid passenger in the vehicle registration No. KAD 576D a Nissan Matatu when the accident occurred.

The Plaintiff gave evidence that her husband was 36 years old at the time of death. He left Plaintiff with 3 children who are all in school. Deceased was working with African Retail Co. Ltd. In Nairobi with a salary of Shs.10,620/- per month as a Shop Manager. She said that the deceased as supporting the family with 2/3 of his salary. She sued as Administrator of the Estate. From this evidence I find the 2nd Defendant was negligent and was 100% liable for the accident.

Damages

(a) The Plaintiff claims damages under the Fatal Accidents Act. I take a multiplier of 19 years with a multiplicand of Shs.10,620 so the damages payable would be 10,620 x 12 x 19 = Ksh.2,421,360

Less 1/3 =Ksh. 807,120 =Ksh.1,614,240

(b) Damages under the Law Reform Act For this item I award Ksh.100,000 (c) For Pain and Suffering I award Ksh.50,000

(d) Special Damages

For funeral expenses Ksh.50,000

There will be judgment for the plaintiff as follows:

(1) Under Fatal Accidents Act = Ksh.1,614,240

(2) Under the Law Reform Act = Ksh. 100,000

(3) Special Damages = Ksh. 50,000

(4) Pain and Suffering = Ksh. 50,000

Total = Ksh.1,814,240

The Plaintiff shall have the costs and interest of the suit.

Delivered and dated at Nairobi this 25th day of July, 2000.

KASANGA MULWA

JUDGE