Wanjau & another (Suing as the Administrators of the Estate of Charles Wanjau Murugi - Deceased) v Daneva Company Limited (Civil Suit E806 of 2024) [2025] KEMC 97 (KLR)
The bottom line
#A Nakuru court awarded a widow and her children nearly Kshs 2.5 million after a trailer killed a tuk-tuk driver, confirming loss of consortium claims.
What this practically means
#Executive summary
#Key legal issues
#Proof of special damages
Special damages of Kshs 266,300/- proved through receipts and invoices
The court found the plaintiffs proved Kshs 195,200/- in funeral and mortuary expenses via receipts, Kshs 70,000/- for legal costs of obtaining the grant ad-litem via an advocate's receipt, and Kshs 1,100/- for NTSA motor vehicle searches via invoices, meeting the required standard of proof.
Pain and suffering where death is instantaneous
Kshs 80,000/- awarded
The death certificate and postmortem report showed the deceased died on the spot. Applying Sukari Industries Ltd v Clyde Machimbo Juma, nominal damages apply for instant death; factoring inflation since that decision, the court adopted the plaintiffs' proposed Kshs 80,000/- over the defendant's Kshs 10,000/-.
Loss of expectation of life
Kshs 200,000/- awarded
Relying on Moses Akumba, Patrick Kariuki Muiruri and Vincent Kipkorir Tanui where Kshs 200,000/- was awarded, and factoring the rise in the cost of living, the court awarded the plaintiffs' proposed Kshs 200,000/- against the defendant's Kshs 100,000/- proposal.
Loss of dependency - multiplier, multiplicand and ratio
Multiplier of 15 years, multiplicand of Kshs 18,339.40 and dependency ratio of 2/3, yielding Kshs 2,200,728/-
With 3 dependents (widow and children aged approximately 10 and 15), the court found a multiplier of 15 adequate to cover the children's dependency, adopting the approach in Moses Akumba. Both parties agreed on a minimum wage approach; the court adopted the plaintiffs' proposed Kshs 18,339.40 and a 2/3 dependency ratio.
Loss of consortium and/or servitum
Award of Kshs 180,000/- to the widow, binding the court to Salvatore De Luca per stare decisis
Although the defendant argued no such head exists in law, the Court of Appeal in Salvatore De Luca v Abdullahi Hemed Khalil awarded loss of consortium and servitum. Bound by stare decisis, and scaling up the Kshs 100,000/- in Maina Stephen Mathu for inflation and economic changes, the court awarded Kshs 180,000/- to the widow.
Legal principles established
#- Special damages must be specifically pleaded and proved
- Nominal damages are awarded for pain and suffering where death follows immediately after the accident
- An award under the Law Reform Act is not necessarily deducted from damages under the Fatal Accidents Act; it is sufficient that the trial court bore it in mind
- A trial court is bound by the principle of stare decisis to follow a decision of the Court of Appeal on loss of consortium
Court orders
#- 1.Judgment entered in favour of the plaintiffs and against the defendant: special damages Kshs 266,300/-; pain and suffering Kshs 80,000/-; loss of expectation of life Kshs 200,000/-; loss of dependency Kshs 2,200,728/-; loss of consortium (for the widow) Kshs 180,000/-
- 2.Gross total Kshs 2,927,028/- less 15% contribution of Kshs 439,054/20, leaving a net total of Kshs 2,487,973/80
- 3.Plaintiffs awarded costs of the suit
- 4.Interest on special damages at court rates from the date of filing the suit
- 5.Interest on general damages at court rates from the date of judgment until payment in full
- 6.30 days stay of execution granted (by consent of counsel, 30 days proposed by plaintiff's counsel and accepted by the court)
- Jurisdiction invoked
- Original civil claim in negligence and fatal accident (Law Reform Act and Fatal Accidents Act) before the magistrates' court; no constitutional/statutory jurisdictional provision expressly cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjau & another (Suing as the Administrators of the Estate of Charles Wanjau Murugi - Deceased) v Daneva Company Limited (Civil Suit E806 of 2024) [2025] KEMC 97 (KLR)", Case Analysis (2025). Civil Suit No E806 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/97/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.