Mr. Kiprono A. Chemjor (Deceased) on account of whom this action was brought died on the spot on July 28, 1995 when he was involved
in a road accident for which liability has been apportioned as previously noted. According to the death certificate produced in court
as PEx2, the Deceased was aged 45 years at the time of his death. He was a civil servant earning Kshs. 12, 245/= per month. He was
married to the Plaintiff who is also the administrator of his estate. The Plaintiff and the Deceased had 6 children one of whom passed
away in 1999.
I have considered the above facts and the case law cited by the Counsel to guide the court in assessing damages and I make the following
findings. The Deceased died instantly at the scene of the accident. Under the head for pain and suffering, I will award Kshs. 10,000/=
which is a convectional figure in such cases.
For loss of expectation of life, I will also award a convectional sum of Kshs. 80,000/=.
Under lost years, I will say as follows: The Deceased was employed as a Civil Servant. He would have worked until he attained the
retirement age of 55 years. I would, therefore, apply a multiplier of 10 years and the usual multiplicant of 2/3 to determine the sum awardable for lost years which works out as follows:
Kshs (12,245/= x 12 x 10 x 2/3) = 979,600/=
I also award the Plaintiff special Damages of Kshs. 100/= for the Police Abstract.
I, therefore, enter Judgment for the Plaintiff as follows:
(a) Pain and suffering
Kshs. 10,000/=
(b) Lost years
Kshs. 979,600/=
(c) Loss of expectation of life
Kshs. 80,000/=
(d) Special damages
Kshs. 100/=
Kshs. 1,069,700/=
Less: 30% contribution
Kshs. 320,910/=
TOTAL
Kshs. 748,790/=
The Plaintiff will also have the costs of this suit and interest as prayed.
