In re Estate Thomas Kiprono Chepkwony (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Narok
Category
Civil
Judge(s)
J. M. Bwonwong’a
Judgment Date
October 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: In re Estate Thomas Kiprono Chepkwony (Deceased) [2020] eKLR


1. Case Information:
- Name of the Case: Felix Kimanthi Musyoka & Car Link Tours & Travel Limited v. Alice Chebet Chepkwony (Suing as a Legal Representative of the Estate of the Deceased, Thomas Kiprono Chepkwony)
- Case Number: Civil Appeal No. 7 of 2018
- Court: High Court of Kenya at Narok
- Date Delivered: October 22, 2020
- Category of Law: Civil
- Judge(s): J. M. Bwonwong’a
- Country: Kenya

2. Questions Presented:
The central legal issues presented in this case are:
- Whether the trial court erred in finding the appellants 100% liable for negligence in a fatal motor vehicle accident.
- Whether the quantum of damages awarded to the respondent was excessive, particularly regarding the multiplier used for loss of dependency.

3. Facts of the Case:
The appellants, Felix Kimanthi Musyoka and Car Link Tours & Travel Limited, appealed against a decision of the Chief Magistrate's Court that found them liable for a fatal accident involving the deceased, Thomas Kiprono Chepkwony. The accident occurred on December 2, 2013, when the deceased was struck by a motor vehicle (registration No. KAW 222U) while attempting to cross the road. The respondent, Alice Chebet Chepkwony, acting as the legal representative of the deceased's estate, claimed damages for the wrongful death.

4. Procedural History:
The case began in the Chief Magistrate’s Court at Narok, where a judgment was delivered on February 20, 2018. The trial court found the appellants liable for negligence and awarded damages totaling Kshs 2,134,800. The appellants appealed this decision, contesting both liability and the amount of damages awarded.

5. Analysis:
- Rules: The court considered the principles of negligence, particularly the standard of care required of drivers and the duty of care owed to pedestrians. The relevant statutes included those governing road traffic and civil liability for negligence.
- Case Law: The court referenced the case of *Patrick Mutie Kimau & Another v. Judy Wambui Ndurumo*, which established that a deceased pedestrian owes a duty of care to other highway users. The court also cited *Peters v. Sunday Post Ltd* regarding the appellate court's role in reassessing evidence.
- Application: The court found that the first appellant was driving at a high speed and swerved into the opposite lane, causing the accident. The evidence from eyewitnesses supported the trial court's finding that the appellant was at fault, as the deceased had not yet reached the yellow line when struck. The court deemed the appellant's claim of contributory negligence by the deceased to be unfounded.

6. Conclusion:
The court upheld the trial court's finding of 100% liability against the appellants. However, it revised the quantum of damages to Kshs 1,773,840, citing the need for a more appropriate multiplier based on the deceased's age and expected retirement age.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court of Kenya ultimately ruled that the appellants were fully liable for the fatal accident and adjusted the damages awarded to the respondent. This case underscores the importance of adhering to traffic regulations and the duty of care owed by drivers to pedestrians. The decision also clarifies the application of multipliers in calculating damages for loss of dependency, emphasizing the need for consistency and evidence-based reasoning in such assessments.

Citations:
- *Patrick Mutie Kimau & Another v. Judy Wambui Ndurumo*, Civil Appeal No. 254 of 1996.
- *Peters v. Sunday Post Ltd*, [1957] EA 24.
- *Ahmed Bashir Gele & Others v. Mohamed Hassan Yunis & Others*, Civil Appeal No. 6 of 2019.
- *Erickson Rover Safaris v. Penanah Nduku Muli*, Civil Appeal No. 56 of 2017.

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