University lecturer awarded Sh6m for spouse's death in a road accident
By Daniel Chege | June 6th 2021
A Kenyatta University lecturer has finally won compensation for the loss of his wife who was killed in a road accident 10 years ago.
Machakos High Court Judge George Odunga on Wednesday ordered Bash Hauliers Limited and a Ms Jeninan Munini, the wife of one Fred Kinyamasyo, to compensate the lecturer, Dr Joshua Mulinge Itumo Sh6,052,865 for the loss of his wife Damaris Nduku on June 4, 2011.
Justice Odunga ruled that the driver of the company’s trailer, Faraj Said, and Kinyamasyo, who was driving his vehicle, were both liable for the accident that led to the death of Ms Nduku, who was a secondary deputy principal.
He ruled that Kinyamasyo was more liable for the accident than the driver of the trailer and thus ordered his representative (Munini) to take the highest liability share.
However, the judge only found Faraj liable because he didn’t attempt to avoid the accident or reduce the impact by reducing the speed of his trailer off the road.
“The respondent vehicle’s driver, Faraj admitted that he didn’t make any attempt to avoid the accident. The admission makes him slightly liable for the accident,” ruled the judge.
Nduku was working at St Kitulu High School. She was in the car that was being driven by Kinyamasyo along Mombasa Road. Kinyamasyo also died in the accident.
Odunga’s judgement saw the compensation amount increase from Sh2,073,600 after an appeal.
Dr Mulinge had filed an appeal after he was aggrieved by a judgement by Senior Principal Magistrate Evans Keago dated October 22, 2020.
Keago had ordered the company and Munini to pay Mulinge Sh2million but Justice Odunga ruled the magistrate erred by computing the compensation money using Nduku’s net salary instead of the gross salary as per the law of computing the loss of dependency.
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