Kimani (Suing as the Administrators of the Estate of Peter Chege Mungai - Deceased) v Almasi Bottlers Limited & another (Civil Suit E1093 of 2021) [2025] KEMC 240 (KLR)
The bottom line
#A Nakuru court awarded a deceased student's family Kshs. 2.1 million after the lorry owner offered no evidence explaining the fatal crash.
What this practically means
#Executive summary
#Key legal issues
#Liability for the fatal accident
The defendants were held 100% liable. The defendants gave no evidence to explain the collision, so the burden under res ipsa loquitur shifted to them and the plaintiff proved negligence on a balance of probability.
The plaintiff pleaded that the defendants' prime mover collided head-on with the matatu while overtaking a lorry. There was no eye witness. The defendants elected not to tender any evidence to explain the circumstances of the collision. Matters of how the accident occurred were within the knowledge of the vehicle owner and driver, so the doctrine of res ipsa loquitur applied, shifting the burden to the defendants, who failed to discharge it.
Special damages
Special damages of Kshs. 87,550 awarded as proved by receipts: post mortem Kshs. 10,000, hearse Kshs. 33,500, mortuary Kshs. 13,500, grant ad-litem legal costs Kshs. 30,000 and NTSA search Kshs. 550.
Special damages must be specifically pleaded and proved. The plaintiff produced receipts and an invoice for each head claimed, establishing a total of Kshs. 87,550, slightly less than the Kshs. 87,850 claimed.
Pain and suffering
Kshs. 120,000 awarded although the deceased died on the spot, following the plaintiff's proposal and factoring inflation.
The post mortem report was uncontroverted that the deceased died on the spot. Citing Sukari Industries Ltd v Clyde Machimbo Juma, nominal damages ordinarily apply for immediate death, with awards in the range of Kshs. 10,000 to 100,000. The court nonetheless adopted the plaintiff's proposed Kshs. 120,000, factoring inflation and the rise in the cost of living.
Loss of expectation of life
Kshs. 200,000 awarded, consistent with conventional awards of that amount in comparable authorities.
Relying on Mercy Muriuki, Moses Akumba, Patrick Kariuki Muiruri and Vincent Kipkorir Tanui, where Kshs. 200,000 was held fair for loss of expectation of life, and factoring the rise in the cost of living, the court adopted the plaintiff's proposal of Kshs. 200,000 over the defendant's Kshs. 100,000.
Loss of dependency
Kshs. 1,695,792 awarded using a multiplicand of Kshs. 42,394.80 (net of 30% tax from an average gross salary of Kshs. 60,564 from a salary survey), a multiplier of 10 years and a dependency ratio of 1/3.
The deceased, aged 28 and a horticulture student, had promising prospects. Following Rosemary Mwasya, a salary survey was used to fix a gross average salary of Kshs. 60,564, less 30% tax. Relying on Chitembwe J's approach in Moses Akumba that the focus is the length of the parents' dependency, a multiplier of 10 years was adopted, with a 1/3 dependency ratio for the two dependent parents.
Legal principles established
#- The doctrine of res ipsa loquitur discharges a plaintiff's original burden of showing negligence where the accident occurred in circumstances in which it should not have occurred and the defendant offers no explanation
- Special damages must be specifically pleaded and proved
- Nominal damages are awarded for pain and suffering where death follows the accident immediately, with higher awards where pain was prolonged
- An award under the Law Reform Act is not deducted from damages under the Fatal Accidents Act; duplication only arises where the beneficiaries are the same and lost years and dependency go to the same persons
Court orders
#- 1.Judgment entered in favour of the plaintiff against the defendants with total damages of Kshs. 2,103,342 (special damages Kshs. 87,550; pain and suffering Kshs. 120,000; loss of expectation of life Kshs. 200,000; loss of dependency Kshs. 1,695,792)
- 2.Plaintiff awarded costs of the suit
- 3.Interest on special damages at court rates from the date of filing the suit
- 4.Interest on general damages at court rates from the date of judgment until payment in full
- 5.30 days stay of execution granted on the defendant's unopposed oral application
- 6.Certified copy of the judgment to be supplied to the plaintiff's counsel upon payment of the requisite fee
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over a fatal accident and negligence claim under the Law Reform Act and the Fatal Accidents Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimani (Suing as the Administrators of the Estate of Peter Chege Mungai - Deceased) v Almasi Bottlers Limited & another (Civil Suit E1093 of 2021) [2025] KEMC 240 (KLR)", Case Analysis (2025). Civil Suit No E1093 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/240/eng@2025-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.