Compensation under the Law Reform Act:

Pain and Suffering of the deceased.

Nominal at best given the nature of her demise.

The generally accepted principle is that very nominal damages will be awarded under these heads If
death followed immediately after the accident.

The loss of expectation of life of the deceased.

The conventional award for expectation of life is KSHS 100,000/=.

Compensation under the Fatal Accidents Act.

To assess damages under this head, the following ought to be done:

Determine the deceased’s income,

In accordance to the salary and wages schedule 2022.

The deceased’s income is calculated per year as is called the multiplicand. The multiplier are the number
of years the deceased was expected to work until retirement.

In lexander Okinda Anagwe v Reuben Muriuki Kahuha, City Hopper Ltd, Micheal A. Craig & Reuben
Kamande Mburu [2015] eKLR. It was held that in determining the multiplicand, the figure is the net
earnings of the deceased. The Court should then multiply the multiplicand by a reasonable figure
representing so many years the plaintiff would have worked bearing in mind the expectation of earning
life of the deceased and also vicissitudes of life.

In Beatrice Wangui Thairu v Hon. Ezekiel Barngetuny & Another – Nairobi HCCC. No. 1638 0f 1988.
Ringera J. as he then was, maintained that “The principles applicable to an assessment of damages
under the Fatal Accidents Act are all too clear. The court must in the first instance find out the value of
the annual dependency. Such value is usually called the multiplicand. In determining the same, the
important figure is the net earnings of the deceased (In Leonard O. Elisa & Another v Major K. Birgen
(2005) eKLR It was held that the courts define net income to mean gross income less tax element).

The dependency ration of his dependents,

The deceased would spend a large portion of his income on his dependants and as such, a dependency
ratio of 2/3 does cater. Gordon Ouma Sunda & Another v Adan Abdikadir Omar & Another [2019] eKLR.
The court should then multiply the multiplicand (Numerous authorities indicate that the multiplicand for
loss of depence is derived from net earnings which includes basic pay plus allowances less tax liability)
by a reasonable figure representing so many years purchases. In choosing the said figure, usually called
the multiplier, the court must bear in mind the expectation of earning life of the deceased, the
expectation of life and dependency of the dependants and the chances of life of the deceased and
dependants. The sum thus arrived at must then be discounted to allow the legitimate considerations
such as the fact that the award is being received in a lump sum and would if wisely invested yield
returned of an income nature.

In lexander Okinda Anagwe v Reuben Muriuki Kahuha, City Hopper Ltd, Micheal A. Craig & Reuben
Kamande Mburu [2015] eKLR. It was held that in determining the multiplicand, the figure is the net
earnings of the deceased. The Court should then multiply the multiplicand by a reasonable figure
representing so many years the plaintiff would have worked bearing in mind the expectation of earning
life of the deceased and also vicissitudes of life.

Formula
Thus, Multiplicand(net earnings) × dependency ration × Multiplier (Number of months the deceased’s
would reasonably have worked for until retirement)

Specific damages
The family is also compensated for specific damages, These are actual and quantifiable expenses
attendant to the loss of the deceased such as:

Hospital bills

Funeral expenses.

For special damages to be awarded, they must be specifically pleaded and also strictly proved.