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MagistratePartially AllowedNot stated in the judgment· [2026] KEMC 623 (KLR)

Nariki & another (Suing as the Legal Representatives of the Estate of Christopher Musoga Sagana (Deceased)) v Onyango & another (Civil Case E142 of 2025) [2026] KEMC 623 (KLR)

Magistrates' Court at Bungoma
26 March 2026
4,503 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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A Bungoma court awarded a crash victim's family Kshs. 1.25 million but cut it by 20% because he crossed the road outside a designated crossing.

What this practically means

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Executive summary

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The Plaintiffs, legal representatives of a 43-year-old man fatally knocked down by motor vehicle KDQ 983P on 4th August 2024 along the Bungoma–Kanduyi road, sued the Defendants for damages under the Fatal Accidents Act and the Law Reform Act, funeral expenses, special damages and costs. The Defendants denied the claim and alleged sole negligence by the deceased. The court identified two issues: liability and quantum. On liability, the eyewitness evidence conflicted. The Plaintiffs relied on PW2's testimony and a police abstract entry indicating a intended charge of causing death by dangerous driving, but the court held that such an entry is not conclusive of blame. The Defendants' investigation report, sketch plan and scene photos corroborated their account that the deceased was hit while crossing at an undesignated area, which the Plaintiffs did not rebut by calling the investigating officer. The court found the deceased breached the Highway Code and contributed to the accident, but the driver still owed a duty of care. Liability was apportioned 80%:20% in favour of the Plaintiffs. On quantum, the court adopted a global award of Kshs. 1,200,000/= for loss of dependency, having found the multiplier approach speculative as income was unproved; Kshs. 100,000/= each for pain and suffering and loss of expectation of life; Kshs. 12,650/= special damages; and Kshs. 150,000/= funeral expenses, an amount the court held could be awarded without receipts. The grand award of Kshs. 1,562,650/= was reduced by 20% to a net award of Kshs. 1,250,120/=. General damages accrue interest from the date of judgment and special damages from filing. Costs were awarded to the Plaintiffs subject to the liability ratio.

Key legal issues

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01

Liability for the fatal accident

Holding

Liability apportioned 80%:20% in favour of the Plaintiffs against the Defendants jointly and severally

Reasoning

The eyewitness accounts conflicted. The Defendants' investigation report, including sketch plan and scene photos, corroborated their version that the deceased crossed at an undesignated area. The Plaintiffs failed to call the investigating officer or produce the sketch plan. The deceased breached the Highway Code, contributing to the accident, but the driver still owed a higher duty of care as the driver of a dangerous machine.

p. 4
02

Loss of dependency

Holding

Global award of Kshs. 1,200,000/= adopted instead of the multiplier approach

Reasoning

The Plaintiffs conceded that the deceased's occupation and income were not proved, making the multiplier approach speculative. The court adopted a global award informed by comparable authorities where awards of Kshs. 1,000,000/= to Kshs. 1,700,000/= were made for deceased persons of similar age and dependants.

p. 6
03

Loss of expectation of life and pain and suffering

Holding

Conventional award of Kshs. 100,000/= under each head

Reasoning

The deceased died aged 43 with no evidence of ill health, and died some hours after the accident. Applying the conventional figures in the authorities cited, the court awarded Kshs. 100,000/= for each head.

p. 8
04

Funeral expenses

Holding

Kshs. 150,000/= awarded as reasonable funeral expenses despite absence of receipts

Reasoning

Relying on Premier Diary Limited v Amarjit Singh Sagoo, the court held that bereaved families should not be expected to keep records, and courts should take judicial notice of funeral expenses and make a reasonable award. Kshs. 150,000/= was found reasonable for a 43-year-old man.

p. 9

Legal principles established

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  • An entry in a police abstract that a driver was to be charged with a traffic offence is not conclusive evidence of blame
  • Breach of the Highway Code may be relied upon to establish or negate liability in civil proceedings
  • A driver owes a duty of care even to pedestrians wrongfully on the road
  • Where the multiplicand cannot be ascertained, a global award may be made instead of the multiplier approach
  • Funeral expenses may be awarded without receipts on judicial notice

Court orders

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  1. 1.Judgment entered against the Defendants jointly and severally
  2. 2.Liability apportioned 80%:20% in favour of the Plaintiffs
  3. 3.Loss of dependency Kshs. 1,200,000/=
  4. 4.Pain and suffering Kshs. 100,000/=
  5. 5.Loss of expectation of life Kshs. 100,000/=
  6. 6.Special damages Kshs. 12,650/=
  7. 7.Reasonable funeral expenses Kshs. 150,000/=
  8. 8.Grand award Kshs. 1,562,650/= less 20% = Net award Kshs. 1,250,120/=
  9. 9.General damages to accrue interest at court rate from date of judgment till payment in full
  10. 10.Special damages to accrue interest at court rate from date of filing suit till payment in full
  11. 11.Costs of the suit to the Plaintiffs, subject to the ratio of liability

Authorities

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Legislation

  • Traffic Actsection 68(3)
  • Highway CodeGenerally
  • Fatal Accidents Actsection 4
  • Law Reform ActGenerally

Cases cited (16)

  • Masembe v Sugar Corporation and another
    [2002] 2 EA 434
  • Monda v Suji & another (Suing as the Legal Representatives of the Estate of Mathew Okello Ombonya Deceased)
    [2023] KEHC 2778 (KLR)
  • Mary Njeri Murigi v Peter Macharia & another
    [2016] eKLR
  • Bendeta Nduku Ndetu & Another v James Mwovi Mwangangi & Another
    (2022) eKLR
  • Ainu Shamsi Hauliers Limited v Moses Sakwa & another (suing as the Administrators of the Estate of the Ben Siguda Okach (Deceased)
    [2021] KEHC 4971 (KLR)
  • Mwanzia Ngalali Mutua v Kenya Bus Services (Msa) Ltd & Another
  • Albert Odawa v Gichimu Gichenji
    (2007) eKLR
  • Moses Mairua Muchiri v Cyrus Maina Macharia (Suing as the personal representative of the estate of Mercy Nzula Maina (deceased)
    [2016] KEHC 5958 (KLR)
  • Sarah Naitore M'ikunyua v Geofrey Mwangi Bor & Another
    [2021] KEHC 3224 (KLR)
  • Ngure & 2 others v Gitau (Suing as the Legal Administrator of the Estate of Joseph Ngigi Wangari)
    (Civil Appeal E036 of 2024) [2025] KEHC 12683 (KLR)
  • Ngari v Kariithi & another (Suing as the Administrators of the Estate of the Late Jacob Ngando Mwaria)
    (Civil Appeal 4 of 2019) [2025] KEHC 7915 (KLR)
  • Flint v Lovell
    {1935} 1 KB 354
  • Mercy Muriuki & Another v Samuel Mwangi Nduati & Another (Suing as the Legal Administrator of the Estate of the late Robert Mwangi)
    (2019) eKLR
  • Hyder Nthenya Musili & Another -vs- China Wu Yi Limited & Another
    [2017] eKLR
  • TB v MOO & another (Suing as the legal representatives of the Estate of the Late LM - Deceased)
    (Civil Appeal 79 of 2021) [2025] KEHC 3520 (KLR)
  • Premier Diary Limited vs. Amarjit Singh Sagoo & another
    [2013] eKLR
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court over a fatal accident claim under the Fatal Accidents Act and Law Reform Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Nariki & another (Suing as the Legal Representatives of the Estate of Christopher Musoga Sagana (Deceased)) v Onyango & another (Civil Case E142 of 2025) [2026] KEMC 623 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/623/eng@2026-03-26

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.