?Court orders athlete to pay colleague's family Sh8m for causing his death through car accident

The High Court has awarded the family of former steeple-chase athlete Peter Mutuku Sh8 million as compensation for his death.

High Court judge David Kemei condemned Mutuku’s friend who is 2011 World Youth 3000 meters race silver medalist Patrick Mutunga to pay the money after finding he was wholly to blame for the accident that occurred along Kangundo road in 2014.

Born in January 1994, Mutuku struck gold in the 2000 meters steeplechase at the Youth Olympic Games in Singapore, in 2010.

In court, Mutuku’s mother Bendettar Mutuku testified that her son’s death had robbed the family their financial support. She told the court that the deceased would earn Sh2 million yearly from international races out of which he supported his siblings.

His brother in law Nicholas Kamakya also gave his story and he said at the time the former international athlete died, he had Sh2.4 million in his account.

He asked the judge to find that Mutunga was solely to blame as the vehicle veered off the road and hit a tree; that the deceased was passenger who had no control of the vehicle.

The family also called a police officer Benjamin Kimaiyo to support their case. The officer testified that on July 10, 2014, at around 7.00 pm a Subaru Forester which was being driven by Mutunga had an accident out of which he was charged an offense of causing death by dangerous driving and fined Sh50,000.  

 The officer also produced an abstract to buttress his testimony.

 Mr. Mutunga filed a reply blaming his friend for the accident but he did not tender any evidence to support his claims.

But Justice Kemei found, “The deceased who had been a passenger cannot be faulted for the accident as he was not in control of the said vehicle. This then rules out any contributory negligence on his part. It is common knowledge that a properly serviced vehicle and properly driven on a road does not just veer off the road and hit a tree or any other objects for that matter.”

On compensation, the judge found that on average the deceased would earn Sh 166, 000 and was expected to hang his boots at the age of 35 years as most athletes do.

He multiplied the monthly pay with 12 years to give the family Sh 7.9 million for loss of dependency.  Mutuku's family also wanted double the amount given arguing that he would have ran for 24 years.

“It is common knowledge that most of the Kenyan athletes who have won races have always received payment and most of them have heavily invested back in the country while a few have squandered their earnings and now live in squalor. As the deceased was still young and energetic, I find that earning about USD 2000 in a year would not have been difficult,” the judge found.

He also gave Sh5, 500 as special damages, Sh30, 000 for pain and suffering and Sh100, 000 for loss of expectation of life.

 Mr. Mutunga will also pay the cost of the suit.