<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellant filed proceedings in the superior court against the respondents to record damages no behalf of the children of his brother who was killed in a motor accident involving a motor vehicle owned by the first respondent but being driven by the second respondent.</p><p>Negligent was alleged and particularized in the plaint but no evidence was given to prove it. On that basis the Judge found negligence not proved and dismissed the appellant’s claim. There can be no doubt at all that the Judge was right because as this Court held in the case of Kiema Muthuku v. Kenya Cargo Handling Services Ltd (1991) 2 KAR 258, there is, as yet, no liability without fault in the legal system in Kenya, and a plaintiff must prove some negligence against the defendant where the claim is based on negligence.</p><p>There is also the secondary point whether the appellant had a locus standi in the first place to bring this suit as there is no evidence that he had taken out letters of administrat…</p>