Mroso (Suing as the legal representative of the late Mroso Margaret) v Ndoo & another (Sued on behalf of the late Daniel Musyoka) (Civil Appeal E070 of 2024) [2026] KEHC 6886 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEHC 6886 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT THIKA CIVIL APPEAL E070 OF 2024 FN MUCHEMI, J MAY 14, 2026 BETWEEN JULIUS WAGURA MROSO .................................................................... APPELLANT SUING AS THE LEGAL REPRESENTATIVE OF THE LATE MROSO MARGARET AND JENIFFER MBETE NDOO ........................................................... 1ST RESPONDENT JAMES KIOKO NDOO ................................................................. 2ND RESPONDENT SUED ON BEHALF OF THE LATE DANIEL MUSYOKA RULING 1. On 25th July 2025, this court, delivered judgment in this appeal. The bill of costs was later assessed and ruling delivered on 23rd November 2025. 2. The parties called for a mention date that was fixed before the Deputy Registrar for 27/04/2026. During the said mention the counsels on record Mr. Onunga for the appellant and Ms Alaka for respondent brought it to the attention of the court that there was an issue with paragraphs 19 and 20 of the judgment delivered on 25th July 2025 which called for corrections of the figures for damages. 3. The court perused the file and noted the said errors. However, in correcting paragraphs 19 and 20, there will be need to amend paragraphs 27 and 28 of the judgment which are related to the paragraphs requiring amendment. 4. Having noted the errors apparent on the face of the record, I hereby allow the joint oral application by the counsels for the parties. The judgment is hereby amended to read as follows:- https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6886/eng@2026-05-14 1
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Paragraph 19 The award of Ksh. 70,000/= as damages for pain and suffering was challenged by the appellant as being inordinately high. In the instant case, it is not disputed that the deceased died on the spot. Given that the sums awardable in comparable cases range from Ksh. 10,000 to Ksh. 100,000/=, it is my considered view that damages of Ksh. 50,000 is adequate compensation since the deceased died on the spot. The figure of damages of pain and suffering of Ksh. 70,000/= awarded by the magistrate in my view was inordinately high and it is hereby set aside and substituted with Ksh. 50,000/=. Paragraph 20 The award of Ksh. 100,000 for loss f expectation of life was said to be inordinately low by the crossappellant, and a figure of Ksh. 200,000/= was proposed. However, it is my considered view that based on comparable decisions, the amount awarded by the magistrate is reasonable. I hereby find the damages awarded reasonable and hereby uphold the figure of Ksh. 100,000/= awarded under the said head. Paragraph 27 Consequently, I find the appeal partly successful and allow it to that extent. Paragraph 28 Given the minimal success of the appeal, I hereby order that each party meets ½ of the costs of this appeal. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT THIKA THIS 14TH DAY OF MAY 2026. F. MUCHEMI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6886/eng@2026-05-14 2
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