MICHAEL HUBERT KLOSS & BAYER EAST AFRICA LIMITED V. DAVID SERONEY,PERIS CHEPKOECH,CHRISTINE CHEPKORIR SERONEY,FLORENCE CHEPCHIRCHIR,ZIPORAH JEBICHI SERONEY & ROSE JEMUTAI SERONEY

JUDGMENT OF THE COURT

This is yet another amazing story of two motor vehicles, each on its correct side of a straight road, moving at a slow speed or stationary and parallel to each other on opposite sides of the road, on a clear, sunny day, but still manage a head-on collision!

Overview:

Eleven years ago on 22^nd August, 1998 at about 5 a.m., six young members of the Seroney family and two of their cousins, boarded a blue Mitsubishi Pajero vehicle (blue Pajero) in Eldoret headed for an engagement party of their relative and friend in Narok. For the next four hours, their trip was uneventful as they drove through the Nandi Hills, Kericho and Mulot where they stopped briefly for tea. At about 9 a.m., at a point on the Mulot – Narok road, some 5 kilometers from Narok town, they violently collided with a white Mitstubishi Pajero (white Pajero). The white Pajero had two occupants and had left Nairobi at 7 a.m. headed for a safari weekend in Masai Mara. The Seroney family car rolled after the …