Muresia & another (Suing as the Legal Representatives of the Estate of Vincent Wanyonyi Barasa – Deceased) v Nyongesa (Civil Case E005 of 2025) [2025] KEMC 388 (KLR)
The bottom line
#A Bungoma court ordered a driver's employer to pay a family Kshs. 826,654 for a fatal road accident, but refused compensation for funeral costs already covered by harambee donations.
What this practically means
#Executive summary
#Key legal issues
#Liability for the fatal accident
Defendant 100% liable; deceased knocked from behind while walking on the extreme right side facing oncoming traffic; no contributory negligence proved
PW1, the investigating officer, testified the driver caused the accident while overtaking a tractor, corroborated by PW3, an eyewitness. The court rejected the attack on PW3's credibility based on his omission from the police abstract, holding the abstract predated completion of investigations. The defendant called no evidence to prove pleaded contributory negligence, which therefore remained mere allegations.
Loss of dependency - multiplicand and multiplier
Minimum wage for an ungraded artisan (Kshs. 15,652.60/=) adopted as multiplicand, multiplier of 5 years, dependency ratio of 2/3, yielding Kshs. 626,104/=
The deceased's income was not proved documentary, so the court adopted the statutory minimum wage for an ungraded artisan under the Regulation of Wages (General Amendment) Order 2022. Considering life expectancy of 67 years and diminished earning capacity with age, the court held the self-employed 65-year-old carpenter would have worked to age 70, adopting a 5-year multiplier and a 2/3 dependency ratio.
Law Reform Act damages
Kshs. 100,000/= each for loss of expectation of life and pain and suffering, the deceased having died three days after the accident
The court followed precedent awarding Kshs. 100,000/= for loss of expectation of life. For pain and suffering, since the deceased survived three days after the accident, the court found he must have experienced considerable pain and adopted Kshs. 100,000/= guided by authority where the deceased died five days post-accident.
Legal principles established
#- An owner who fails to show the vehicle was driven without his authority or for his benefit is vicariously liable for the driver's negligence
- Particulars of negligence pleaded but not proved by evidence remain mere allegations
- Where monthly income is not proved, minimum wage may be adopted as the multiplicand
- Funeral expenses covered by harambee funds are not compensable to avoid double benefit
Court orders
#- 1.Liability 100% in favour of the Plaintiff
- 2.Loss of dependency Kshs. 626,104/=
- 3.Pain and suffering Kshs. 100,000/=
- 4.Loss of expectation of life Kshs. 100,000/=
- 5.Special damages Kshs. 550/=
- 6.Net award Kshs. 826,654/= against the Defendant
- 7.General damages to accrue interest at court rate from date of judgment till payment in full
- 8.Special damages payable on stamped receipts, with interest at court rate from date of filing suit till payment in full
- 9.Plaintiff to have costs of the suit
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over fatal accident and negligence claims
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muresia & another (Suing as the Legal Representatives of the Estate of Vincent Wanyonyi Barasa – Deceased) v Nyongesa (Civil Case E005 of 2025) [2025] KEMC 388 (KLR)", Case Analysis (2025). Bungoma CMC CC. No. E525 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/388/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.