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…The Kenyan courts have pronounced themselves on several occasions on the issue of contributory negligence of a child where courts have stated that a child of tender years cannot be guilty of contributory negligence unless…

…Therefore, this Tribunal cannot apportion contributory negligence on the minor. Uninsulated electric supply lines ought not to be so close to reach especially for a minor of a tender age of nine years. 27.…

…Where, as in the instant case, the issue of contributory negligence by the deceased has been raised, the court has to investigate that issue on evidence to be called by the defendant who alleges contributory negligence.…

…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…

…Some suggestion has been canvassed on the issue of contributory negligence on the part of the driver of motor vehicle Reg No KNN 997.…

…I find no evidence, given the circumstances of this accident, to attribute any degree of contributory negligence upon the driver of the lorry in which the plaintiff was a passenger.…

…circumstance is accepted in the administration of penal justice and the principle that a party blameable in part for any damage or injury he sustained, should receive diminished compensation, underlies the learning relating to contributory…

…negligence in the law of tort.…

…And any driver whofails to take reasonable care for his own safety will be foundguilty of contributory negligence. The standard of care demandedis that of an ordinary reasonable man.…

…In view of the plaintiffs contributory negligence which I assessed at 20%, the net sum to which the plaintiff is entitled under various heads works out as follows: Gross Net (a) Pain and suffering loss of amenities 350,000…

…Consequently, in both case, no contributory negligence can legitimately be attributed to them. Is it unfair, unjust and unreasonable to fix the defendant with a duty of care in the circumstances of this case?…