JUDGMENT OF THE COURT
By a plaint dated 30th May 1997 and filed in the High Court at Nairobi within the same month Rahab Micere Murage, (the appellant) the legal representative of Esther Wakiini Murage (the deceased), impleaded The Hononourable Attorney General, Simon Peter Mwangi and Johnson Mugo Ngunga, for damages under the Fatal Accidents Act and the Law Reform Act, for her own benefit, and for the benefit of Nicholas Murage Wakiini who was the surviving son of the deceased.
The Attorney General (1st respondent) was sued on behalf of the Government of Kenya, which as at the 1st June 1990, owned motor vehicle registration No. GK M 400, which was involved in a collision with the other motor vehicles, then owned by Peter Mwangi (2nd Respondent) and Johnson Mugo Ngunga (3rd Respondent) respectively. Those other two motor vehicles were No. KLW 617 and KUE 189. In the course of the collision the deceased who was a passenger in the government vehicle was fatally injured. In the aforesaid p…