Compensations you can recover from a fatal accident claim.

Once your relative, friend, sibling, loved one or any other person close to you is involved in a road accident and by any means suffers death, you can commence a running down suit and recover compensation damages. compensation damages refers to monetary awards granted by a court to place the aggrieved party, as far as money can, in the position they would have been had the wrong not occurred. They are provided for under the Law Reform and Fatal Accidents Acts. Such awards include:-

1. Special damages.

They represent the actual, quantifiable monetary losses suffered by a claimant, which must be specifically pleaded and strictly proved. They include funeral expenses, mortuary charges, coffin expenses, transport expenses, police abstract fees, medical expenses before death, grant of letters of administration costs among others. They must be strictly and specifically proved by means of receipts, invoices, payment vouchers, bank records or any other documentary prove of expenditure. Any expenditure which was incurred during the entire period when the accident occurred can be recovered. You only need to reserve receipts which were obtained after all transactions.

1. Loss of dependency.

They refer to the financial benefit that dependants were receiving or reasonably expected to receive from the deceased had death not occurred. It’s assessed based on the income earned as well as the earnings after statutory deductions. Courts consider the number of years the deceased would probably have continued supporting his dependants by analyzing key factors such as the age of deceased, retirement age, status of health, nature of employment among others. Based on the above considerations, these damages range as from One Million based on the age of the deceased and dependants left behind.

In Chege & another v Jeremy another (Suing as the Legal Representative of the Estate of Jeremy Rukaria Maua Deceased) (Civil Appeal E340of2023) 2025KEHC4055 (KLR) (20February2025) (Judgment) the court observed that:-

“On loss of dependency, it was not in dispute that the deceased was 50 years old and a security guard. That he left behind 2 children as confirmed by the chief’s letter. The trial Court stated that since there was no evidence suggesting he was of ill health, he thus enjoyed robust health and his life was cut short by the accident. Further, it was not in doubt that he used to support his family and the court awarded the Respondents a lump sum of Kshs.1,000,000/-“

1. Loss of life expectation.

It is awarded to the estate of a deceased person for the shortening of the deceased’s life caused by a wrongful act, negligence or default. They are premised on the fact that the deceased’s normal lifespan was prematurely curtailed.

In Theuri Kihira v Gerhard Matthiessen 2019KEHC4377 (KLR), the court observed the following with regards to award of damages regarding loss of life expectation:-

“It is an award that is ordinarily made on the assumption that the deceased had the prospects of a happy life. In this country this award has always been in the region of between Kshs 100,000 and Kshs 150,000. For instance, in HCCA No. 52 of 2001, Salim Golamali T/A Kalenjin Auto Hardware versus Lucas Nyongesa an award of Kshs. 120,000/= was made under this head and in Civil Appeal No. 144 of 1990 Kenya Breweries versus Ali Kahindi Saro an award of Kshs 100,000/= was made. In High Court Civil Appeal No. 15 of 2003, Albert Odawa versus Gichimu Gichenji an award of Kshs 100,000/= was made in compensation for loss of expectation of life; and in Nakuru High Court Civil Case No. 437 of 1996, Jackson Magata Kuritu versus Cheruiyot Keter the sum of Kshs. 150,000/= was awarded.”

1. Pain and suffering.

They are awarded to compensate the estate of the deceased for the physical and mental anguish endured by the deceased person between the time of injury and death. They cover physical pain, emotional distress, mental anguish and suffering endured before death. In instances whereby the pain was prolonged either through hospitalization for long hours, surgeries, prolonged agony or even awareness of impending death, the costs are always higher. If the deceased died on the spot, damages can be minimal since the pain incurred might be minimal. These damages range between 10000/= to 100000/= based on the circumstance of the case.

In Sukari Industries Limited v Clyde Machimbo Juma, HCCA No 68 of 2015 [2016] eKLR, the court observed that:-

“Any person who suffers injury as a result of an accident will sufferer some form of pain. The pain may be brief and fleeting but it is nevertheless pain for which the deceased’s estate is entitled to compensation. The generally accepted principle is that nominal damages will be awarded on this head for death occurring immediately after the accident. Higher damages will be awarded if the pain and suffering is prolonged before death. According to various decisions of the High Court, the sums have ranged from Kshs.10, 000/- to Kshs.100, 000/- over the last 20 years hence I cannot say that that the sum of Kshs.50, 000/- awarded under this head is unreasonable.”

1. Loss of consortium.

They are awarded for the deprivation of the benefits of a family relationship due to injury or death caused by a tort feasor. They are awarded if the spouse dies, becomes incapacitated or marital relations are fundamentally impaired.

In Wanjiku & another (Suing as the Personal Representatives of the Estate of Joseph Njoroge Wanjiru (Deceased)) v Mwaniki & another (Civil Appeal E109 of 2023) [2025] KEHC 6712 (KLR) (6 May 2025) (Judgment), the court in awarding the sum of Kshs. 80000/= as damages on loss of consortium observed the following:-

“It suffices to note that loss of consortium occurs when an injured spouse can no longer give their spouse the love, companionship, comfort services, support or intimate relations that they provided prior to the accident or death. Loss of consortium means loss of any or all of the following; companionship, love and affection, comfort, mutual services and sexual intercourse…..Since the accident he has lost his wife’s companionship, has suffered an impairment in the social life, lost love, care and devotion of his wife. It is our view that within a marriage situation, the claim for loss of consortium is recognized as sustainable when brought by a spouse who claims loss as a result of injuries caused to his/her partner by a third party, sustainable only in the status of marriage.”

In Salvatore De Luca vs. Abdullahi Hemed Khalil & Another [1994] eKLR, the court in awarding loss of consortium in a fatal accident claim held as follows:-

“So far as consortium is concerned, there is evidence that the appellant loved his wife and so did their children. The appellant has not re- married. No doubt, he had lost his wife’s companionship. There is, moreover, an impairment in the social life of the appellant and his young children who, too, have lost love, care and devotion of their mother. The learned judge clearly erred, in our view, in failing to award any damages for loss of consortium and servitium. Bearing in mind the fact that each case should be judged on its own facts, we would think that an award of Shs.40, 000/= is a fair measure for this head of damages and we award the appellant this sum with interest from the date of judgement in the superior court until payment in full.”

Further in the case of Mbaaru & another v Kenya Bus Services Limited also known as Stage Coach Bus International & another”- “The Court of Appeal awarded Kshs 300,000 although the injured spouse did not die. In Pyrethrum Board of Kenya & another v Gichure (Suing as the Legal Representative of the Estate of Joseph Wambugu Kanyatta - Deceased) [2024] KEHC 16068 (KLR) the High Court upheld the trial court award of Kshs. 100,000 for loss of consortium.

Conclusion.

If by chance you happen to have a claim relating to a road accident suit, seek compensation damages within a time frame of three (3) years. Delay in persuading the claim may be caught by the laches doctrine. Claims based on tort can only be recovered within a time of 3 years.

To comprehensively recover all the above damages, you need services of a seasoned advocate who will assist you in drafting all the required court pleadings and also assist you in execution process.

At Siyasa and Company Advocates, we offer expertise and professional legal services to our clients to aid them in recovering damages whenever aggrieved. We have a seasoned, competent and esteemed team ready to serve you diligently. Conduct us for further advise.

Disclaimer: “This article is for informational purposes only and does not constitute legal advice. For inquiries, please contact Siyasa and Company Advocates.”

-Contributed by-

-Francis Kitheka-