Njihia & another (Suing as the Administrators of the Estate of Njehia Gichu) v Rift-Cars Limited & another (Civil Case 725 of 2020) [2024] KEMC 159 (KLR)
The bottom line
#A Nakuru court awarded a family KShs 345,360 for a fatal road accident, but cut their claim sharply because funeral and medical costs were not properly documented.
What this practically means
#Executive summary
#Key legal issues
#Method of assessing loss of dependency for an 84-year-old deceased of unproved earnings
Global award of Kshs. 400,000/= for loss of dependency, adopting the global formula approach
The plaintiff pleaded the deceased was a farmer earning Kshs. 30,000/= monthly, but produced no documentary or other evidence of occupation or earnings. The court held the multiplier and minimum wage approaches apply only where occupation and earnings are not in doubt, and adopted the global award used in John Wamae v Jane Kituku Nziva (Kshs. 400,000/= in 2017), holding the rise in cost of living was taken care of by the deceased's advanced age.
Damages for pain and suffering where the deceased died on the day of the accident and no post-mortem was produced
Nominal damages of Kshs. 10,000/= awarded
Both counsel agreed that damages for pain and suffering depend on the length of time pain was endured. No evidence was tendered of how long the deceased took to die or of his injuries; no post-mortem form was produced as an exhibit. The court relied on precedent that where death occurs on the spot or on the date of the accident, courts award nominal damages of about Kshs. 10,000/=.
Loss of expectation of life for a deceased who died at 84
Kshs. 200,000/= awarded, enhanced from the conventional Kshs. 100,000/= on account of the rise in cost of living
No evidence was tendered as to the deceased's prior state of health. In Abson Motors v Sinema Kitsao the High Court upheld Kshs. 100,000/= for a deceased who died at 85 (in 2016). Considering the rise in cost of living, the court enhanced the award to the Kshs. 200,000/= proposed by the plaintiff's counsel.
Whether Law Reform Act awards are deductible from Fatal Accidents Act damages
Not deductible; the Law Reform Act award is merely 'taken into account', not mathematically deducted
Following Justice Kariuki in John Wamae and Justice Mabeya in Peres Wambui Kinuthia v S.S. Mehta & Sons Ltd, the court held that the words 'taken into account' in Section 4(2) of the Fatal Accidents Act differ from 'deducted'; the trial court need only bear in mind the Law Reform Act award. Accordingly, the Kshs. 210,000/= Law Reform Act award was treated as factored into the Kshs. 400,000/= dependency award, and the plaintiff received the full Kshs. 400,000/= as general damages.
Proof of special damages
Only Kshs. 31,700/= of the pleaded Kshs. 663,650/= proved and awarded
The court itemised the proved special damages: motor vehicle search (Kshs. 550/=), filing letters of administration ad litem (Kshs. 1,150/=) and legal fees on letters of administration (Kshs. 30,000/=). Funeral expenses were not particularly pleaded as required, and the medical expense receipts were unclear, so those heads remained unproven.
Legal principles established
#- The multiplier approach is a method, not a principle of law, and must be abandoned where the facts do not facilitate its application
- Where the deceased's earnings are not proved and the minimum wage cannot apply, a global sum award is appropriate
- The words 'to be taken into account' in Section 4(2) of the Fatal Accidents Act do not require mathematical deduction of Law Reform Act awards
Court orders
#- 1.Judgment entered for the plaintiff against the defendants as follows: General Damages Kshs. 400,000/= and Special Damages Kshs. 31,700/=, total Kshs. 431,700/=
- 2.Less 20% plaintiff's contribution in liability (Kshs. 86,340/=), net total Kshs. 345,360/=
- 3.Plaintiff awarded costs and interests at court rates
- Jurisdiction invoked
- Original civil jurisdiction over fatal accident and law reform claims (Fatal Accidents Act and Law Reform Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njihia & another (Suing as the Administrators of the Estate of Njehia Gichu) v Rift-Cars Limited & another (Civil Case 725 of 2020) [2024] KEMC 159 (KLR)", Case Analysis (2023). Civil Case No 725 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2024/159/eng@2024-11-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.