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Court of AppealPartially AllowedSecond appeal from Kitale High Court Civil Appeal No. 18 of 2017 (not stated in the judgment as delivered)

Cherangany Hills Ltd & another v Wanyama (Suing as the Administrator to the Estate of Brian Khisa Wanyama) (Civil Appeal 243 of 2019) [2025] KECA 1030 (KLR)

Court of Appeal of Kenya
5 June 2025
4,103 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal replaced an inflated Kshs.2.16 million dependency award with a Kshs.1.6 million global sum because the deceased student's income was never proven.

What this practically means

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Executive summary

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This is a second appeal by Cherengany Hills Ltd. and Rodgers Ndaga against the High Court at Kitale (Chemitei, J.), which had upheld a magistrate's award of damages arising from a fatal road traffic accident on 12th December 2014 along the Eldoret-Kitale road in which Brian Khisa Wanyama, an 18-year-old Form Two student, died. Liability had been settled by consent at 85% against the appellants. The trial court awarded pain and suffering (Kshs.60,000), loss of life expectancy (Kshs.200,000), loss of dependency (Kshs.2,160,000 using a multiplicand of Kshs.9,000, a 30-year multiplier and a 2/3 dependency ratio) and special damages, less 15% contribution. The Court of Appeal (Mativo, Mwaniki and Odunga, JJA) confined itself to the two legal issues raised: the propriety of the Fatal Accidents Act dependency award and the pain and suffering quantum. Holding that the multiplicand was a question of fact unsupported by evidence (no gazette notice on minimum wage) and that both the multiplier and multiplicand ignored the vagaries and vicissitudes of life, the Court set aside the dependency award and substituted a global sum of Kshs.1,600,000, following precedents on comparable student deaths. The awards for pain and suffering, loss of life expectancy and special damages were affirmed, with interest from the trial judgment date. The appeal partially succeeded; the appellants bear 85% of the costs of both appeals.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether damages under the Fatal Accidents Act for loss of dependency were properly awarded where the deceased was an 18-year-old student with no proved income
  2. 2.Whether the award of Kshs.60,000/= for pain and suffering was justifiable

Key legal issues

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01

Whether proof of the deceased's actual income is a prerequisite to an award for loss of dependency under the Fatal Accidents Act

Holding

No. Children, regardless of age or whether studying, are expected to and do support their parents when able; a global award may be made where the multiplicand cannot be ascertained with precision.

Reasoning

Relying on Sheikh Mushtaq Hassan and Kenya Breweries Ltd vs. Saro, the Court held that dependency by parents on a child is recognizable in law even without proof of earnings. Where the deceased is a student with no ascertainable income, the multiplier-multiplicand method rests on no evidence, and a global award subject to the circumstances of the case is the correct approach, as adopted in comparable student-death cases.

p. 5
02

Whether the multiplier of 30 years and multiplicand of Kshs.9,000/= adopted by the courts below were sustainable

Holding

They were not. They ignored the vagaries of life and were unsupported by evidence of the minimum wage; the dependency award was set aside and replaced with a global sum of Kshs.1,600,000/=.

Reasoning

The Court found the multiplicand to be a question of fact requiring proof, and no gazette notice supported the Kshs.9,000/= figure. The 30-year multiplier for an 18-year-old student ignored life's vicissitudes. Applying precedents on global awards for students of comparable ages, the Court substituted Kshs.1,600,000/=.

p. 7
03

Whether the award of Kshs.60,000/= for pain and suffering was excessive given the deceased died hours after the accident

Holding

The award was affirmed; there was no basis to interfere with the trial court's discretion as upheld by the High Court.

Reasoning

The respondent's evidence was that the deceased was taken to hospital and died while undergoing treatment, so he did not die instantly. The appellants had not demonstrated the award was inordinately high or that the first appellate judge misapprehended the evidence. Interference requires a wholly erroneous estimate, which was not shown.

p. 7
04

Distinction between damages under the Law Reform Act and the Fatal Accidents Act

Holding

The Law Reform Act compensates the estate for pre-death pain, suffering and losses; the Fatal Accidents Act compensates dependants for financial loss including loss of dependency.

Reasoning

The Court clarified the distinct focuses of the two statutes to frame the appeal: the appellants challenged only the Fatal Accidents Act dependency award and the pain and suffering quantum, not loss of life expectancy or special damages. This statutory distinction informed which heads were open to challenge and which were affirmed unaltered.

p. 4

Legal principles established

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  • A second appeal in the Court of Appeal is confined to questions of law unless the courts below failed to consider relevant matters, considered irrelevant matters, or the decision is perverse
  • Where a deceased's income cannot be ascertained with precision - as with a young student - a global award for loss of dependency is appropriate and courts should not be tied to mathematical multiplier/multiplicand calculations
  • Courts assessing loss of dependency must take into account the vagaries and vicissitudes of life in fixing both the multiplier and the multiplicand
  • An appellate court will not interfere with an award of general damages unless it is inordinately high or low or the trial judge misapprehended the evidence or proceeded on wrong principles

Court orders

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  1. 1.Affirmed the award of Kshs.60,000/= for pain and suffering
  2. 2.Affirmed the award of Kshs.200,000/= for loss of life expectation
  3. 3.Set aside the award of Kshs.2,160,000/= for loss of dependency and substituted a global sum of Kshs.1,600,000/=
  4. 4.Affirmed the award of Kshs.183,000/= for special damages
  5. 5.Subjected the total award to 15% contribution on liability
  6. 6.Awarded interest at court rates from the date of the trial court's judgment
  7. 7.Ordered the appellants to bear 85% of the taxed or agreed costs of this appeal and the appeal before the High Court

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

majority
majority
On appeal from
High Court of Kenya at Kitale
Civil Appeal No. 18 of 2017
Jurisdiction invoked
Second appeal confined to matters of law under Section 72(1) of the Civil Procedure Act

Relief refused

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Reduction of the pain and suffering award from Kshs.60,000/= to Kshs.10,000/=

The award was neither inordinately high nor low and the Judge's discretion was not erroneously exercised

p. 7

Costs

The appellants shall bear 85% of the taxed or agreed costs of this appeal and the appeal before the High Court.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

the award of Kshs.2,160,000/= for loss of dependency is hereby set aside and substituted with a global sum of Kshs.1,600,000/=;
p. 7Final orders - substitution of global award
This Court's jurisdiction in a second appeal is confined to questions of law only, unless it is demonstrated that the courts below in determining matters of fact failed to take into account relevant considerations or took into account irrelevant considerations, or the decision is perverse.
p. 3Scope of second appeal
If the multiplicand cannot be ascertained with any precision, courts can make a global award, which by no means is a standard or conventional figure but is an award that will always be subject to the circumstances of each particular case.
p. 5Global award for loss of dependency
In our view, the two courts below did not take into account the vagaries of life in considering both the multiplier and the multiplicand.
p. 7Vagaries of life in damages assessment
the appellants shall bear 85% of the taxed or agreed costs of this appeal and the appeal before the High Court.
p. 7Costs order

Issues in the judgment

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minor

The case number of the present second appeal before the Court of Appeal is not stated in the judgment; only the lower court numbers appear.

minor

The judgment inconsistently states the special damages figure - the claim is pleaded as Kshs.193,000 but the award and final orders refer to Kshs.183,000/Kshs.183,625.

minor

The name of the respondent in this appeal is not stated anywhere in the judgment; the respondent is identified only through the deceased's estate.

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (3)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Cherangany Hills Ltd & another v Wanyama (Suing as the Administrator to the Estate of Brian Khisa Wanyama) (Civil Appeal 243 of 2019) [2025] KECA 1030 (KLR)", Case Analysis (2025). Second appeal from Kitale High Court Civil Appeal No. 18 of 2017 (not stated in the judgment as delivered). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1030/eng@2025-06-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.