Appeals Court upholds Sh15 million award for former Gatundu North MP Patrick Muiruri's son murder

Former Gatundu North MP Patrick Muiruri’s has lost his bid to force the Government to pay out more money as compensation for his murdered son.

Mr Muiruri's son, James Ng’ang’a, was shot and killed by the police 10 years ago.

Muiruri first filed the compensation demand at the High Court and was awarded Sh15 million.

Deeming the amount insufficient, he moved to the Court of Appeal arguing that his son, who was at the time pursuing a PhD at Sheffield University in the UK, had potential to earn more than Sh15 million over his lifetime.

However, Court of Appeal judges Daniel Musinga, Gatembu Kairu and Sankale Ole Kantai ruled that at the time Ng’ang’a was killed, he was not employed, therefore, the amount the High Court awarded after his death was enough.

“We have considered the material available before the judge and have reached the same conclusion that the deceased was not employed at the time of his death," the judges ruled.

"The judge employed a multiplicand of Sh120,000 per month and a multiplier of 25 years at the dependency ratio of one third, which gave the sum of Sh12 million. This was reasonable in the circumstances where employment or earnings was not proved.”

On January 24, 2009, Ng’ang’a was travelling with his younger brother John in a vehicle in Westlands, Nairobi.

The two were suddenly blocked by another car and when Ng'ang'a and his brother came out of the vehicle, they were confronted by two men -  Dickson Munene Mwangi and Alexander Chepkonga Francis.

Mwangi, who was a police inspector, shot Ng'anga three times.

Mwangi and Chepkonga were charged with murder. Mwangi was sentenced to death while Chepkonga was acquitted.