1. Before the Subordinate Court, the Respondents sued the Appellant as the registered owner of motor vehicle KBZ 746U following a road traffic accident which took place on 26.04.2016 which resulted in the death of Pamela Jane Akinyi (Deceased). The Respondents brought this case for damages under the Law Reform Act (Chapter 26 of the Laws of Kenya) and the Fatal Accidents Act (Chapter 32 Laws of Kenya) for recovery of damages.
2. I have considered the evidence in this case and certain facts have stood out which call for investigation. According to the documents filed before the trial court, Rosemary Nabwire Achoka stated and verified on oath that she is the mother of Caroline Anyango Achoka. A copy of her identity card no. 7654505 shows she was born in 1982. At the time of the Deceased’s death she was aged 34 years old while the Deceased was aged 32 years old. This is a natural and legal impossibility.
3. This is a prima facie case of fraud. I therefore direct the Deputy Registrar of this court to forward this ruling and the court file to Directorate of Criminal Investigations, Nairobi to investigate the circumstances of this case, the particulars of the Deceased and her relationship with the said Rosemary Nabwire Achoka and all the matters relating to this suit including the letter dated 16.06.2023 written by Assistant County Commissioner, Samia Sub County in order to establish whether this claim is genuine.
4. The report shall be furnished to the court within the next 60 days from the date hereof.
DATED and DELIVERED at NAIROBI this 8th day of DECEMBER 2023.
D.S. MAJANJA
JUDGE
2. I have considered the evidence in this case and certain facts have stood out which call for investigation. According to the documents filed before the trial court, Rosemary Nabwire Achoka stated and verified on oath that she is the mother of Caroline Anyango Achoka. A copy of her identity card no. 7654505 shows she was born in 1982. At the time of the Deceased’s death she was aged 34 years old while the Deceased was aged 32 years old. This is a natural and legal impossibility.
3. This is a prima facie case of fraud. I therefore direct the Deputy Registrar of this court to forward this ruling and the court file to Directorate of Criminal Investigations, Nairobi to investigate the circumstances of this case, the particulars of the Deceased and her relationship with the said Rosemary Nabwire Achoka and all the matters relating to this suit including the letter dated 16.06.2023 written by Assistant County Commissioner, Samia Sub County in order to establish whether this claim is genuine.
4. The report shall be furnished to the court within the next 60 days from the date hereof.
DATED and DELIVERED at NAIROBI this 8th day of DECEMBER 2023.
D.S. MAJANJA
JUDGE