JUDGMENT OF THE COURT
A road traffic accident occurred on 2nd November, 2005 in which a cyclist, Peter Muriithi Wambugu, lost his life. The respondents are the personal representatives of the estate of the deceased. By a Plaint dated 27th June 2006, the respondents filed suit against the appellants claiming general damages under the Law Reform Act (Cap 26) and the Fatal Accident Act (Cap 32), special damages in the sum of Kshs. 30,495/= and costs of the suit.
The particulars giving rise to the claim are stated in paragraphs 4 and 5 of the Plaint as follows: that the 1st appellant is a learning institution which at all material times was the owner of motor vehicle registration no. KAJ 998 S Toyota School Van and the 2nd appellant was the driver thereof; on or about 2nd November 2006, the deceased (Peter Muriithi Wambugu) was lawfully cycling along Gatitu-Kagumo road when suddenly by reason of negligence in driving, managing and or controlling motor vehicle registration no. KAJ 998 S on t…