The High Court has upheld a Sh3.9 million compensation award to the family of a 21-year-old Valeria Akinyi Ouma, a third-year student at Kenyatta University, who died in a road accident along the Mombasa-Nairobi Highway at Maungu in Taita Taveta County.
In a judgment delivered on September 25, Justice Asenath Ongeri dismissed an appeal filed by Kenyatta University and its driver, Nyamu Keneth Mwendia, and affirmed an earlier decision that held them fully liable for the fatal crash.
The case arose from a March 18, 2024 accident involving a university vehicle driven by Mr Mwendia and another vehicle travelling in the opposite direction. The student succumbed to injuries sustained in the collision. Her parents, George Ouma Opar and Pamela Achieng Ouma, later sued as administrators of her estate and successfully obtained compensation in a Voi court.
The university and its driver challenged the decision, arguing that the trial court had wrongly found them entirely responsible for the crash and had awarded excessive damages.
Valeria's parents sued Kenyatta University as administrators of her estate and successfully obtained compensation in a Voi court.
Photo credit: File
However, Justice Ongeri found that the evidence presented before the lower court overwhelmingly pointed to negligence on the part of the driver.
The judge noted that although Mr Mwendia claimed he had been driving carefully at about 50 kilometres per hour in heavy rain, he admitted losing control of the vehicle before it crossed into the path of an oncoming vehicle.
“The second appellant claimed he was driving carefully at 50 km/h in heavy rain but still lost control and veered into the oncoming lane, colliding with a vehicle he claimed to have seen from 70 meters away,” the judge said, adding that the explanation had properly been found improbable by the trial court.
Justice Ongeri agreed with the lower court's conclusion that the circumstances of the crash spoke for themselves.
The judge further observed that the driver's version of events was not supported by other independent witnesses.
“The trial court also correctly noted that the appellants failed to take out a third-party notice against the driver of the other vehicle and failed to call any eyewitness to corroborate the second appellant's version,” she said.
Evidence from a police officer and an eyewitness passenger played a significant role in the case. According to court records, the police officer testified that Mr Mwendia had been charged with causing death by dangerous driving, while the eyewitness stated that the university vehicle suddenly left its lane and violently collided with the oncoming vehicle. The witness also said Ms Ouma had been wearing a seat belt.
The university had argued that the deceased may have contributed to her injuries by failing to wear a seat belt, but both courts rejected the claim. The trial court termed it unreasonable to suggest that a passenger's conduct could have caused the driver to lose control and cross into the opposite lane.
A major issue in the appeal was the award of Sh3.6 million for loss of dependency. The university argued that the deceased was still a student and had not begun earning an income, making the award speculative.
But Justice Ongeri found that the lower court had properly considered the student's future prospects.
“The deceased was a third-year student at Kenyatta University pursuing a Bachelor of Health Services Management degree, and had real prospects of employment,” the judge said.
The court also endorsed the use of a monthly income estimate of Sh30,000, describing it as conservative in light of the deceased's educational path.
“The multiplicand of Ksh 30,000 was conservative given the deceased's educational background,” Justice Ongeri stated.
The judge further noted that Kenyan courts have long recognised that young adults often support their parents later in life and that compensation may still be awarded even where a deceased child had not yet started earning.
“The trial court's award under this head was therefore not speculative but grounded in relevant case law and the deceased's demonstrated potential,” the judgment reads.
The High Court also upheld awards of Sh100,000 for pain and suffering and another Sh100,000 for loss of expectation of life.
The main entrance to Kenyatta University.
Photo credit: Wilfred Nyangaresi | Nation Media Group
Although the university argued that Ms Ouma died instantly and therefore deserved only a nominal award for pain and suffering, the judge said the evidence did not conclusively establish that death occurred immediately after the impact.
“However, in the present case, the record does not establish with certainty that the deceased died instantly,” Justice Ongeri said.
The judge added that the lower court was entitled to conclude that the deceased experienced some suffering before death.
“The trial court was entitled to infer some period of suffering, however brief, before death,” she said.
On the issue of special damages, the appellants claimed only a small portion of the claimed expenses had been supported by receipts. The judge, however, found no convincing reason to overturn the trial court's finding that the amount had been proved.
Ultimately, Justice Ongeri concluded that the lower court had carefully considered all evidence and reached a sound decision.
“In this case, the trial court carefully considered the submissions of both parties, relied on relevant case law, and made awards that are consistent with prevailing judicial practice in Kenya,” she said.
The judge also found that “the total award of Kshs 3,901,550 does not appear inordinately high when compared with awards in similar cases.”
She consequently dismissed the appeal in its entirety, upheld the compensation award and ordered Kenyatta University and its driver to bear the costs of the appeal.
