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…Liability 32. Having proved the fact of the accident and the demise of the Deceased as a result thereof, the next issue for determination would be the question of liability. 33.…

…On vicarious liability the Court of Appeal in the case of Tabitha Nduhi Kinyua v Francis Mutua Mbuvi & another [2014] eKLR stated as follows:- “The principle of vicarious liability is an anomaly in our law because it imposes…

…The appellant at first filed a defence denying liability to the respondent but when the case came up for hearing before the High Court (Aganyanya, J) on the 20th February, 1989, a consent order was entered and the terms of…

…that order were that judgment on liability was entered for the respondent and four medical reports were put in evidence without calling the doctors who had made them.…

…Liability for the accident is not in dispute. It was agreed between the parties that the liability of the appellants was to be 80%. The learned judge did not reduce the figure of damages he awarded by 20%.…

…The upshot of all this is that this appeal is allowed and damages awarded in the sum of shs.960,000/= are reduced to shs.350,000/= and further reduced by 20%, as the appellants' liability was 80%.…

…particular instance, not only the particulars had already been supplied when the order dismissing the plaintiff’s suit was made, the defendant had also filed its defence about three months previously which was merely a denial of liability…

…in working order it should have been returned to the plaintiff immediately instead of keeping it for more than two years, and then returning it after having it repaired which was an acceptance of both the obligation and liability…

…in working order it should have been returned to the plaintiff immediately instead of keeping it for more than two years, and then returning it after having it repaired which was an acceptance of both the obligation and liability…

…Therefore, the proceedings were privileged under the National Assembly (Powers and Privileges) Act, and did not attract civil or criminal liability.…

…The applicants submit that the proceedings were privilegedunder the National Assembly (Powers and Privileges) Act (Cap. 6, Laws ofKenya), and did not attract civil or criminal liability; and hence the Courts have no jurisdiction…