• The deceased's family said the company that owned the car negligently caused the accident.
• At the time of death, Otis was 26 years old and studying Bachelor of Science at USIU.
Image: THE STAR
On April 15, 2012, a second-year United States International University student was involved in a grisly road accident along James Gichuru road in Nairobi.
The Business Administration student, who was later identified as Nsanya Otis Kapya, was in his own car when it was hit by car belonging to a company by the name Bonfide Clearing and Forwarding limited.
Immediately after the accident,Otis was rushed to Nairobi hospital.
Unfortunately, six days later, on April 21, 2012, he succumbed to his injuries.
Eleven years down the line, on August 18,2023, the court has ordered Otis be paid Sh17, 912,048.
This is after the court established that the accident was caused by negligence and found the driver of the car that hit the deceased's car at fault.
It found that while at the hospital, Otis spent Sh2,246,887 and after his death, his family had to spent Sh4,465,161 on the burial arrangements and funeral service.
This amounted to Sh6,712,048.
The deceased's parents Violet Yunge and David Joseph Kapya claimed for other monies as general damages owing to the accident.
They proposed that the court awards them Sh300,000 as damages on loss of life expectation, as their son had died at a young age.
They also proposed an award of Sh350,000 on pain and suffering and estimated that their son would have gotten a job at 30 years and would have probably earned a gross monthly salary of about Sh118,546.
This is by 30 years and taking into consideration retirement at 60 years and a dependence ratio of 2/3, amounting to Sh28,451,040, which they also claimed.
On defence, Bonfide and David Lawrence Kigera Gichuki, who was the driver on the day of the accident,denied the proposed general damages pointing out that there was no evidence of the expected earnings if Otis had lived and completed his studies.
They also noted that it could not be pinpointed how long he would have worked and went on to suggest a global award of Sh1,500,000.
On damages for pain and suffering, they acknowledged that Otis had endured pain prior to his death for six days and proposed Sh100,000 as general damages.
They proposed an award of a similar amount for loss of expectation of life.
Judge Asenath Ongeri considered the case and found that special damages were proved and the defendants were bound to pay.
This is Sh6,712,048.
"I find that the plaintiffs proved the special damages pleaded and I award the same," she said.
On general damages, the judge awarded Sh100,000 on loss of life expectation and Sh300,000 on pain and loss of suffering as Otis passed away six days after the accident.
Further, she ordered that the Kapyas be paid Sh10,800,000 for 'lost years'. This is the estimated earnings Otis would have had if he had lived, got employed at 30 years old, and worked till 60 years old.
In her ruling, Judge Ongeri adopted a gross salary of Sh45,000 and multiplied it by 30 years.
She also considered that Otis had five siblings and adopted a dependency ratio of 2/3, getting to the aforementioned sum.
The deceased's parents will be awarded a total amount of Sh17,912,048.
"Judgment be and is hereby entered in favour of the plaintiff against the defendant in the sum of Sh17,912,048," Judge Ongeri ruled on August 18, 2023.
The court also ordered that the defendant will settle the cost of the lawsuit and interest at court rates from August 18 until full payment of the monies.