JUDGMENT OF THE COURT
[1] On 16th October 2012, the respondent Charlene Njeri Kuria (Charlene), was a passenger in motor vehicle Registration No. KBM 089M, when the vehicle was involved in an accident and Charlene suffered serious injuries. The motor vehicle was owned by Gitu Geoffrey who is the 1st appellant before us. It was at the time of the accident, being driven by his son, Simon Gitumbirua who is the 2nd appellant. Charlene filed a suit in the High Court at Nairobi for general and special damages contending that the accident was caused by the negligence of the 2nd appellant for which the 1st appellant is vicariously liable.
[2] Following negotiations between the parties, a consent was recorded on liability in favour of Charlene at 90%, Charlene bearing 10% contribution. Upon hearing the evidence of Charlene and that of the 2nd appellant, the High Court gave judgment in favour of Charlene against both appellants jointly and severally in the sum of Kshs. 34,297,222 t…