ROSELINE O. OWINO vs CARE INTERNATIONAL IN KENYA,CHEPKOK TOROITICH,FREDRICK RADUL & PATRICIA RADUL [2000] KEHC 176 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 2657 OF 1989

ROSELINE O. OWINO………….…………………………….PLAINTIFF -VERSUS- CARE INTERNATIONAL IN KENYA……………………………1ST DEFENDANT CHEPKOK TOROITICH…………………………………………..2ND DEFENDANT FREDRICK RADUL……………………………………………….3RD DEFENDANT PATRICIA RADUL………………………………………………...4TH DEFENDANT

JUDGMENT

Liability

Judgement on liability has been entered in terms of 70% against the 1st, 2nd defendants and 30% against the 3rd and 4th defendants.

Damages

In assessing damages, I take into account the injuries sustained by the Plaintiff which according to the doctors report are:

(1) Multiple injuries with a cerebral concussion

(2) Dislocation of the left wrist

(3) She is said to run the risk of developing epileptic fits.

I have considered the cases cited by the parties in support of each sides case and I award the sum of Ksh.400,000/- as general damages. The plaintiff shall be paid the special damages of Shs.1,600/- together with the costs of the suit and interest.

These sums shall be paid by the defendants in accordance with the proportions of their percentages of liabilities.

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

KASANGA MULWA

JUDGE