JUDGMENT
1. The Board of Trustees of the Anglican Church of Kenya Diocese of Marsabit, the appellant, is before us on a second appeal in a matter where the respondent’s claim for damages resulting from a serious road accident was allowed and damages awarded under different heads. THW (suing through her father and guardian ad litem HWG) is the respondent.
2. At the trial before the Magistrate’s court, the case for the respondent, who was the plaintiff in the suit, was founded on the plaint dated 5th April 2017 led at the Principal Magistrate’s Court at Marsabit. In the plaint, the respondent averred that on 11th April 2015, while aboard the appellant’s motor vehicle, registration number KBE 518P, while travelling along Marsabit- Moyale Road near Adhi Huka area, the appellant’s driver, agent, employee or servant negligently and/or recklessly managed/ controlled the appellant's motor vehicle causing it to lose control and overturn thereby causing the respondent to sustain serious injuri…