RICHARD KANYANGO & 2 OTHERS
V.
DAVID MUKII MEREKA

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of the High Court of Kenya at Nairobi, Osiemo J, given on 6^th February, 2001 by which the learned Judge held the appellants wholly liable, in negligence for the accident which occasioned grave injuries to and subsequent death of Mukii Mereka, the deceased.

2. The respondent in this appeal is the father of the deceased. He was the plaintiff in the superior court and is also the Administrator of the estate of the deceased.

3. The 1^st appellant was driving motor vehicle registration number KAD 211 R in which the deceased was travelling during the fateful morning. The 2^nd and 3^rd appellants are its owners.

4. The following facts underpinning the suit are not in dispute. During the early morning of 15^th February, 1998 the deceased, a student then aged 18 years, was a passenger in the said motor vehicle. It was being driven by the 1^st appellant, also a young man, probably an age mate of the deceased. They were travelling along Ngong R…