ISAACK KIMANI KANYINGI & CATHERINE NJERI MUGO (SUING AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF LOISE GATHONI MUGO (DECEASED) V. HELLENA WANJIRU RUKANGA

JUDGMENT OF THE COURT

1. This is an appeal arising from a suit that was filed by the appellants, Isaac Kimani Kanyingi and Catherine Njeri Mugo (Catherine) in their capacity as the legal representatives of the estate of Loise Gathoni Mugo (deceased). In the suit the appellants sued Hellena Wanjiru Rukanga (respondent), seeking special damages of Kshs 86,960/- and general damages under the Law Reform Act and the Fatal Accidents Act, arising from the death of the deceased who died as a result of an accident involving the respondent’s motor vehicle Reg. No. KYW 722 Isuzu Lorry (Motor Vehicle). The appellants claimed that the accident was caused by the negligence of the respondent and/or his driver.

2. By a defence dated 12th July, 2012, the respondent denied that she was the registered/beneficial and/or ostensible owner of the motor vehicle and further averred that if at all an accident occurred, then the accident was caused by the negligence of the deceased. In addition, the respondent co…