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Case Brief · caselaw.co.ke
High CourtPartially Allowed· [2020] KEHC 3926 (KLR)

Appeal against damages awarded in a fatal road traffic accident claim arising from the death of Moses Nyamweya Moseti

High Court of Kenya
9 July 2020
890 words in judgment
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The bottom line

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Courts will adjust accident damage awards based on specific facts, such as the deceased's job risk or the nature of the injury.

What this practically means

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Executive summary

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This was a first appeal to the High Court against the quantum of damages awarded by the lower court on 20th September 2018 in favour of the respondents, following the death of Moses Nyamweya Moseti, a 36-year-old boda boda rider knocked down by motor vehicle registration No. KAV 442F. Liability had been agreed at 80% against the appellants with 20% contributory negligence on the deceased. The appellants complained that the loss of dependency award was excessive, that the 2/3 dependency ratio was applied without proof of dependency, that the loss of expectation of life award should have been deducted, and that the Kshs. 100,000 award for pain and suffering was excessive given the instant death. The court reiterated that an appellate court will not interfere with a trial court's award unless it is inordinately high or low or the trial court misconceived the principles. It reduced the pain and suffering award by half to Kshs. 50,000 because death was instant and no hospitalization was involved. It upheld the Kshs. 100,000 loss of expectation of life award and the 2/3 dependency ratio, since the dependants were pleaded and undisputed. However, it reduced the multiplier from 24 to 20 years given the risky nature of the deceased's work, computing loss of dependency at Kshs. 1,564,952 using the minimum wage. The court held that an expectation of life award is taken into account but not necessarily deducted from loss of dependency. The appeal was partly allowed; the total award became Kshs. 1,372,521.60 after the 20% deduction, with costs and interest to the respondents in the lower court and each party bearing their own costs of the appeal.

Key legal issues

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01

Quantum of damages for pain and suffering where death is instant

Holding

The award of Kshs. 100,000 was on the higher side and reduced by half to Kshs. 50,000

Reasoning

The deceased died soon after the accident with no hospitalization, so a full award was unjustified; the appellate court reduced the figure by half as part of its power to adjust awards that are inordinately high.

p. 2
02

Multiplier for loss of dependency for a 36-year-old boda boda rider

Holding

A multiplier of 20 years was appropriate instead of the trial court's 24 years

Reasoning

The deceased's work was risky and earnings uncertain, requiring a discount for unforeseen events; the minimum wage of Kshs. 9,708.95 was used with a 2/3 dependency ratio, yielding Kshs. 1,564,952.

p. 2
03

Dependency ratio absent direct proof of dependency

Holding

The 2/3 ratio was upheld as the dependants were pleaded and undisputed

Reasoning

With dependants as pleaded (wife, mother, two daughters, one son) and not disputed by any evidence, it was more likely than not the deceased spent 1/3 on himself and 2/3 on dependants.

p. 2
04

Interaction of Fatal Accidents Act and Law Reform Act awards

Holding

The loss of expectation of life award is taken into account but not necessarily deducted from loss of dependency

Reasoning

The suit is brought under both statutes; the lower court could not be faulted for not deducting the expectation of life award from the dependency award.

p. 2

Legal principles established

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  • An appellate court may not interfere with a trial court's award of damages unless it is inordinately high or low or the trial court misconceived applicable principles
  • An award for loss of expectation of life should be taken into account, but not necessarily deducted, when assessing loss of dependency
  • Submissions may not take the place of evidence

Court orders

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  1. 1.Appeal partly allowed on the adjustment of figures relating to pain and suffering and loss of dependency
  2. 2.Judgment for the respondents: pain and suffering Kshs. 50,000; loss of expectation of life Kshs. 100,000; loss of dependency Kshs. 1,564,952; special damages Kshs. 700; sub-total Kshs. 1,715,652 less 20% (Kshs. 343,130.40) totalling Kshs. 1,372,521.60
  3. 3.Respondents to have costs and interest at court rates in the lower court
  4. 4.Each party to bear their own costs in the appeal

Authorities

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Legislation

  • Fatal Accidents Act
  • Law Reform Act
On appeal from
Lower court (magistrates' court)
Not stated
Jurisdiction invoked
First appellate jurisdiction over the lower court's award of damages in a fatal accident claim

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Appeal against damages awarded in a fatal road traffic accident claim arising from the death of Moses Nyamweya Moseti", Case Analysis (2020). . Source: 

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