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…The plaintiff based his claim on the 1st defendant’s negligence for which the 2nd defendant firm is vicariously responsible. The defendants, for their part denied negligence.…

…I think the lst defendant was negligent and that his negligence was the substantial cause of the accident. I use the word “substantial” advisedly because, I cannot acquit the plaintiff of all blame.…

…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…

…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…

…Mr Otieno for the plaintiff stressed that even if the 2nd defendant’s account as to the cause of accident is accepted it still displayed a certain amount of negligence on his part.…

…After considering the cause of accident from all its angles in my view there was no negligence at all on the part of the 2nd defendant. The accident had been made inevitable by the action of the plaintiff herself.…

…[1971] EA 493 which was a case on causing death by dangerous driving, and in which it was pointed out that imprisonment was only appropriate where there is some element of deliberate risk taking or evidence of conscious negligence…