JUDGMENT OF THE COURT
By a Plaint filed in the High Court, the respondent, in her capacity as the legal representative of the estate of Shadrack Kyalo Mwania (deceased), commenced proceedings against the appellant seeking inter alia damages under the Law Reform Act, Chapter 26, Laws of Kenya and the Fatal Accidents Act, Chapter 32, Laws of Kenya for fatal injuries that were sustained by her husband (deceased) in a road accident.
On 2nd August, 2007, the deceased was a lawful passenger in the appellant’s school bus registration number KAN 854 U and was traveling to the then Rift Valley Province on an educational trip. At Ngoliba, along the Matuu-Thika road, the school bus rammed into the rear of a lorry registration number KAA 964 v. occasioning the deceased fatal injuries from which he died. The respondent averred that the accident occurred as a result of negligence on the part of the appellant’s driver hence the appellant was vicariously liable.
On 29th October, 2007, the parties herein…