Makokha & another (Suing as the administrators and personal representatives of the Estate of Annah Chemtai Makokha) v Ruiru Feeds Limited & another (Civil Suit E755 of 2023) [2025] KEMC 340 (KLR)
The bottom line
#A Nakuru court awarded a widow's family over Kshs 1.47 million for a road death, cutting some claims because receipts and proof fell short.
What this practically means
#Executive summary
#Key legal issues
#Quantum for pain and suffering
Kshs 100,000 awarded, factoring inflation, where death presumed instantaneous
The court presumed the deceased died on the spot since the evidence did not show how long she survived. Relying on Sukari Industries v Clyde Machimbo Juma, nominal damages apply to immediate death, with ranges of Kshs 10,000-100,000 over 20 years. Adjusting for inflation, Kshs 100,000 was awarded, subject to 10% contribution.
Quantum for loss of expectation of life
Kshs 200,000 awarded as the conventional sum
Guided by Mercy Muriuki (conventional award Kshs 100,000) and Chitembwe J's reasoning in Moses Akumba that each life is equal regardless of occupation, and noting awards of Kshs 200,000 in Patrick Kariuki Muiruri and Vincent Kipkorir Tanui, the court awarded Kshs 200,000, factoring in the rise in the cost of living.
Loss of dependency - proof and method
Global award of Kshs 1,000,000; dependency sufficiently proved by Chief's letter despite absence of certificates
The defendant argued dependency was unproven absent birth or marriage certificates. The court held this alone insufficient to dismiss the claim, finding the Chief's letter proved the widower and family on a balance of probabilities. Both counsel agreed on a global rather than multiplier approach; a global sum of Kshs 1,000,000 was awarded given the deceased's age of 49 and that most dependants were adults.
Special damages
Kshs 334,800 proved and awarded
Applying the trite principle that special damages must be specifically pleaded and proved, the court examined the admitted receipts and found only Kshs 334,800 proved, less than the amounts pleaded or submitted, and awarded that sum subject to the plaintiffs' 10% contribution.
Legal principles established
#- Special damages must be specifically pleaded and proved
- Nominal damages are awarded for pain and suffering and loss of expectation of life where death follows immediately after the accident
- Lack of marriage or birth certificates alone does not defeat proof of dependency; proof on a balance of probabilities suffices
Court orders
#- 1.Judgment entered for the plaintiffs against the defendants
- 2.Special damages of Kshs 334,800 awarded
- 3.Pain and suffering: Kshs 100,000 awarded
- 4.Loss of expectation of life: Kshs 200,000 awarded
- 5.Loss of dependency: Kshs 1,000,000 awarded (global award)
- 6.Gross total Kshs 1,634,800 less 10% contribution, net total Kshs 1,471,320
- 7.Costs of the suit to the plaintiffs; interest on special damages from date of filing suit and interest on general damages from date of judgment until payment in full
- 8.30 days stay of execution granted on application of defence counsel
- Jurisdiction invoked
- Original civil jurisdiction of the Chief Magistrate's Court (negligence claim under the Law Reform Act and Fatal Accidents Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makokha & another (Suing as the administrators and personal representatives of the Estate of Annah Chemtai Makokha) v Ruiru Feeds Limited & another (Civil Suit E755 of 2023) [2025] KEMC 340 (KLR)", Case Analysis (2025). Civil Suit No. E755 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/340/eng@2025-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.