High Court 247 of 2019

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE CIVIL APPEAL NO. 37 OF 2015 JENTRIX NATECHO...........................................APPLICANT VERSES KENYA POWER & LIGHTING.............1ST RESPONDENT JOHN MASENGELI................................2ND RESPONDENT JUSTINE MURIUKI...............................3RD RESPONDENT RULING 1. The Applicant’s application dated 26th September, 2019 seeks to review the judgment of this court dated 4th April, 2019 in which it apportioned liability between the Appellant and the Respondents at 50% each. The Applicant in her application avers that this was an error on record which this court can review pursuant to the provisions of Order 45 of the Civil Procedure Rules. Her affidavit dated 27 th September, 2019 state as much. 2. The Respondent vide the replying affidavit of the 2 nd Respondent objects to the application and avers that this court was right in the apportionment of liability the way it did. 3. Having looked at the application and taking cognisance of the ability accorded to this court by the provisions of Order 45 stated above, the application is meritorious. The same is premised as espoused under paragraph 18 and 19 of the judgment in which the court stated as follows; “ The issue of liability is worth considering also. From the evidence of both drivers it is clear that they each blamed each other. The evidence of PW3, the police officer seemed to suggest even from the sketch plans that the accident occurred almost in the middle of the road. In the premises I do find that both motor vehicles should shoulder equal blame. I shall apportion each 50:50 percentage liability…” 4. Clearly that was the intention of the court. The Respondents managed and controlled the vehicles and not the Appellant/Applicant. 5. The error is thus corrected so that liability is apportioned equally and for avoidance of doubt between the Respondents at 50:50% each. 6. The rest of the terms of the judgment remains the same. 7. Costs of this application shall be in the cause Dated, signed and delivered in open court at Kitale this 18th day of December, 2019. ................................ H.K. CHEMITEI JUDGE 18/12/19

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