Judgment[2024] KEHC 16144
Case law
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Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…The defendant’s appeal is against both liability and quantum. The plaintiff’s appeal is against quantum only. We shall deal first with the submissions made by Mr. Jiwaji, for the defendant.…
…The appeal against liability must fail and it is dismissed.…
Division and case type: CivilCivil Appeal
…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%.…
Division and case type: CivilCivil Appeal
…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…