GAVEL
A Nakuru court has awarded the family of a six-year-old boy more than Sh1.3 million in damages following his death in a road accident.
Nokayo Marpe and Jacob Linti Saning'o, the parents of Ntimioe David Marpe, sought compensation for his death on the Gilgil-Nakuru road at Lake Oil area on November 9, 2024.
Ntimioe died at the scene.
“The deceased, who was six years old at the time of his death, sustained fatal injuries following the accident involving motor vehicle registration number KCY 346W,” the court heard.
Marpe and Saning'o sued vehicle owners Samuel Ngunjiri Kariuru and Joseph Mwangi Kimani.
They sought compensation of Sh80,000 for pain and suffering, Sh250,000 for loss of expectation of life, Sh1.5 million for loss of dependency and Sh125,550 in special damages.
The defendants did not file submissions within the court‑ordered deadline.
The court noted the failure by the defendants to file submissions did not absolve the Judiciary from independently assessing the evidence, applicable law and appropriate quantum [compensation].
However, the two sides had agreed on July 8, that Kariuru and Kimani bore 85 per cent of the blame for the accident.
Since liability had been settled by consent, compensation was the only issue to be determined.
Principal magistrate Linda Mumassabba awarded Sh1,575,550.
On pain and suffering, the magistrate noted the child died immediately, with no evidence of prolonged suffering.
“The generally accepted principle is that very nominal damages will be awarded on this head claim if death followed immediately after the accident. Higher damages will be awarded if the pain and suffering was prolonged before death," the magistrate stated.
"His death prematurely deprived him of the normal expectation and enjoyment of life. In this case, the conventional figure for loss of expectation of life is Sh100,000 and I award the same.”
For loss of dependency, the court adopted a global approach rather than a multiplier approach.
“The multiplier approach is not mandatory,” the magistrate explained, reasoning that such a method “must be abandoned where the facts do not facilitate its application without undue speculation”.
The magistrate noted the deceased was only six years old and his future education, career and earnings remained unknown.
Because his future education, career path, earning capacity and actual future contribution to his parents could not be known with certainty, applying a fixed multiplicand (income) and multiplier (years) would amount to undue speculation.
The magistrate awarded Sh1,300,000 for loss of dependency, stating the global sum was “fair, reasonable and proportionate.”
She also awarded Sh125,550 in special damages which were specifically pleaded and proved through receipts and a paid invoice.
The total award of Sh1,575,550 was reduced by 15 per cent contribution to Sh1,339,217.50. The parents are also entitled to costs and interest, with interest on special damages running from the date of filing suit and on general damages from the date of judgment.
The defendants were ordered to pay the sum jointly and severally [held responsible both together as a group and individually].
