The driver of a vehicle that caused an accident that resulted in the death of a woman in a passenger car will have to pay Sh2.7 million in compensation after the High Court affirmed the lower court’s verdict.
Ms. Phoebe Atieno, who was deemed accountable for the terrible accident that happened on the Nakuru Nairobi highway on December 31, 2013, was ordered to pay the grieving family of Ms. Rose Akinyi the sum as compensation for the loss of life, grief and suffering.
The lower court awarded Ms. Akinyi’s husband Felix Onyango Sh2,464,000 in loss and dependency, Sh20,000 in pain and suffering, Sh100,000 in loss and expenditures, and Sh143,500 in exceptional damages.
Ms. Atieno, on the other hand, petitioned the High Court to overturn the ruling, claiming that the award was excessive.
In her appeal, Ms. Atieno chastised the magistrate for assigning her 100 percent guilt for the accident and awarded damages that had not been proven in court.
She argued that the issue of her carelessness had not been demonstrated and that the court had treated her unfairly by refusing to allow her witness to testify.
She claimed that the collision was caused by the driver of the Nissan matatu.
However, judge Rachael Ngetich ruled that her appeal was without merit and rejected it with costs.
According to the judge, the passenger died at the age of 43, was self-employed, and may have lived to the age of 70.
She agreed with the lower court’s decision to consider the retirement age at 57 years and adopt a multiplicand of 14 years.
She agreed with the lower court’s judgment to set the retirement age at 57 years and multiply it by 14 years.
