West Kenya Sugar Company Ltd v Mayaka & another (Suing as the Administrators/ Legal Representatives of the Estate of Edward Maserebu - Deceased) (Civil Appeal 133 of 2022) [2025] KEHC 14307 (KLR) (14 October 2025) (Ruling) Neutral citation: [2025] KEHC 14307 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL 133 OF 2022 RN NYAKUNDI, J OCTOBER 14, 2025 BETWEEN WEST KENYA SUGAR COMPANY LTD ............................................. APPELLANT AND JOHN MOENGA MAYAKA ......................................................... 1ST RESPONDENT LILIAN NALIAKA KALENDA ................................................... 2ND RESPONDENT SUING AS THE ADMINISTRATORS/LEGAL REPRESENTATIVES OF THE ESTATE OF EDWARD MASEREBU - DECEASED RULING Representation: Mongeri & Company Advocates Bryan Khaemba, Kamau & Company Advocates Kigen & Company Advocates 1. This Court on appeal in a judgment delivered on 22nd day of September 2024 pronounced itself as follows: “ In view of the above there is no legal requirement for the Court to deduct the amount awarded under the Law Reform Act from the award made under the Fatal Accidents Act from the judgment of the trial Court, I note that there is nothing to indicate that the Respondents benefitted from double compensations the argument by the Appellant on the issue cannot therefore stand. In the end, I hereby enter judgment in favour of the Respondents in the following terms: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14307/eng@2025-10-14 1
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a. Liability 70% : 30% b. General damages for pain and suffering Kshs 50,000.00 c. General damages for loss of expectation of life Kshs 100,000.00 d. General damages for loss of dependency Kshs 16,775,800.00 e. Special damages Kshs 69,000.00 Sub-total Kshs 16,994,800.00 Less 30% contribution Kshs 5,098,440.00 Total Amount Payable Kshs 11,896,360.00 Each party to bear its own costs of the appeal. 2. Following this judgment, the parties entered into a consent dated 22nd day of January 2024 duly signed, filed in Court on 22nd January 2024 with the following terms: “By Consent a. 3. That the undisputed sum of Kenya Shillings Three Million Eight Hundred and Eighty-Six thousand, Six Hundred and Twenty-Three Only (Kshs 3,886,623/=) to be paid in two equal instalments as follows: i. That Kenya Shillings One Million Nine Hundred and fortythree Three Hundred and Eleven and Fifty Cents Only (Kshs 1,943,311.50/=) to be paid on or before the 31st day of January 2024; and ii. That the remaining balance of Kenya shillings One Million Nine Hundred and Forty-Three Three Hundred and Eleven and Fifty Cents Only (Kshs 1,943,311.50/=) to be paid on or before the 29th day of February 2024. b. That the disputed issues of accumulated interests and Auctioneer’s fees to be determined by the Court. c. That in default of any of the instalments [1] above, execution to issue. This Consent Order is adopted as an order of this Court capable of being executed as a judgment and decree of the Court. DATED, SIGNED AND DELIVERED VIA CTS AT ELDORET THIS 14TH DAY OF OCTOBER 2025. .............................. R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14307/eng@2025-10-14 2
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