JUDGEMENT OF THE COURT
Ignatius Oketch Obara (“the deceased”) died in a fatal road accident that occurred on 9th October, 2007 when a bus registration mark KAX 066S plunged into river Suo on the Busia – Kisumu road. That bus was owned by the 1st appellant Easy Coach Limited and driven by its driver the 2nd appellant Dancan Wachira Maina.
The respondents, Elizabeth Musondi and Justice Okwero suing as legal representatives of the estate of the deceased, took out a suit at the High Court of Kenya, Busia, claiming in negligence against the appellants for the death of the deceased and praying for special and general damages accordingly.
On 25th July, 2012 the parties recorded a consent order before the trial court where liability attached against the appellants at 100% and the plaint was amended to correct a prayer for special damages.
The suit was heard by L. Kimaru, J and in a judgement delivered on his behalf by F. Tuiyot, J on 25th July, 2013 the respondents were awarded a sum of Kshs. 4,5…