Kenya Red Cross v IDS (Suing as the Legal Representative of the Estate of MDR (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Garissa
Category
Civil
Judge(s)
C. Kariuki
Judgment Date
October 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Kenya Red Cross v IDS (Suing as the Legal Representative of the Estate of MDR (Deceased) [2020] eKLR


1. Case Information:
- Name of the Case: Kenya Red Cross v. IDS (Suing as the Legal Representative of the Estate of MDR (Deceased))
- Case Number: Civil Appeal No. 13 of 2019
- Court: High Court of Kenya at Garissa
- Date Delivered: October 28, 2020
- Category of Law: Civil
- Judge(s): C. Kariuki
- Country: Kenya

2. Questions Presented:
The central legal issues for the court's resolution included:
- Whether the trial court erred in granting leave to file suit out of time.
- Whether the trial court erred in holding the appellant 100% liable for the accident.
- Whether the damages awarded were excessively high.

3. Facts of the Case:
The appellant, Kenya Red Cross, was sued by the respondent, IDS, who represented the estate of a deceased 13-year-old child, MDR. The child was fatally injured in an accident on September 19, 2011, when she was struck by a vehicle (KAQ 138J) driven by an agent of the appellant while walking near the Mwingi-Garissa road. The respondent alleged that the driver was negligent, while the appellant denied liability and claimed the accident was the fault of the deceased. The trial court found the appellant 100% liable and awarded damages totaling Kshs. 1,500,000.

4. Procedural History:
The case began with the respondent filing a plaint on February 16, 2016, seeking general and special damages. The appellant contested the claim on grounds of limitation and liability. The trial court ruled in favor of the respondent, leading the appellant to appeal the decision on several grounds, including the assertion that the claim was time-barred and that the damages awarded were excessive.

5. Analysis:
- Rules: The court considered the Limitation of Actions Act, particularly the provisions allowing for extensions to file suit out of time. The trial court's authority to grant such extensions was examined under Section 28(2) of the Act.
- Case Law: The court referenced prior cases, including *Mary Wambui Kabugu v. Kenya Bus Service Ltd* and *P.M.N. v. Kenyatta National Hospital & 6 Others*, which emphasized the necessity of valid grounds for extending time limits. The court also looked at *Butt v. Khan* regarding contributory negligence and the standards of care owed to minors.
- Application: The High Court upheld the trial court's findings, emphasizing that the respondent provided sufficient evidence for the extension of time due to negotiations for settlement. The appellant's failure to present evidence during the trial weakened their defense, leading to the conclusion that the driver was wholly responsible for the accident.

6. Conclusion:
The High Court dismissed the appeal, affirming the trial court's decision that the appellant was 100% liable for the accident and upholding the damages awarded to the respondent. The ruling highlighted the importance of holding drivers accountable for their actions, especially concerning minors.

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

8. Summary:
The High Court of Kenya upheld the trial court's ruling against the Kenya Red Cross, affirming liability for the fatal accident involving a minor and validating the damages awarded. The decision underscores the legal principles regarding negligence, particularly in cases involving children, and reinforces the necessity for defendants to substantiate their claims with evidence. The ruling serves as a significant reference point for similar future cases involving pedestrian accidents and minors.

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