REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATES COURT AT NAIVASHA

CIVIL SUIT NO OF 2014
JOHN NGANGA KIGOTHO ..........................................................................PLAINTIFF
(Suing as a Personal Representative of the Estate of
KIGOTHO MUMOCHU)
VERSUS
PEAKS OF KENYA LIMITED ........................................................................DEFENDANT
PLAINT
(FAST TRACK)
1. The plaintiff is a male adult of sound mind residing in Nairobi within the Republic of
Kenya and son of the late KIGOTHO MUMOCHU (hereinafter referred to as the
Deceased) and institutes this suit on his behalf as a personal representative and son of
the Deceased under the Fatal Accidents Act and on behalf of the Estate of the Deceased
under the Law Reform Act. His address for the purpose of this suit shall be care of
MUTITU, THIONGO & CO. ADVOCATES, REHANI HOUSE, 10TH FLOOR,
KENYATTA AVENUE/KOINANGE STREET, P.O. BOX 7528-00200, NAIROBI.
2. The Defendant is a Limited Liability Company having been duly registered as such
pursuant to the provisions of the Companies Act, Cap.486 of the Laws of Kenya, having
its registered and principal office at Nairobi within the Republic of Kenya. (Service of
Summons will be effected upon it through the offices of the Plaintiff's Advocates)
3. At all material times of this suit the Defendant was the registered and/or beneficial
owner of motor vehicle Registration Number KBN 165A.

4. That on or about the 28TH day of October 2011 at Snake Park area along Maai-Mahiu Narok road at the material time the driver, agent and/or servant of the Defendant
company drove the said motor vehicle registration number KBN 165A carelessly and
negligently, lost control and violently collided with the deceased KIGOTHO
MUMOCHU who was a pedal cyclist lawfully riding on the extreme verge of the said
road as a result of which he sustained injuries from which he died and the Plaintiff and
the deceaseds estate have suffered great loss and damage.

PARTICULARS OF NEGLIGENCE ON THE PART OF THE DEFENDANTS DRIVER,

AGENT AND/OR SERVANT
The Defendants driver, agent and/or servant was negligent in the following ways.
a) Driving at a speed which was excessive in the circumstances
b) Driving without any due care and attention in the circumstances
c) Driving motor vehicle KBN 165A recklessly and dangerously in the circumstances.
d) Causing and or permitting the said motor vehicle to lose control and colliding with
the deceased.
e) Failing to allow the deceased safe passage.
f) Leaving its lane and getting into the direct path of the cyclist thus colliding with the
deceased.
g) Failing to exercise or maintain any proper or effective control and management of the
said vehicle KBN 165A.
h) Failing to keep any proper look out or to have any sufficient regard for other road
users and especially the deceased.
i) Failing to slow down or in any other way to manage or control the said motor vehicle
KBN 165A so as to avoid the accident.
5. In so far as shall be applicable the Plaintiff shall rely on the Doctrine of Res ipsa loquitor,
the principles of the Highway Code and the provisions of the Traffic Act.
6. By reason of the matters set in paragraph 5 hereinabove, the deceased was aged 59
years and was leading a happy and prosperous life and was in good health up and
until the time of the accident and the Plaintiff and the estate of the deceased have
suffered loss, expense and damage.
PARTICULARS OF SPECIAL DAMAGES.
a) Police Abstract

Kshs.200/-

b) Funeral Expenses

Kshs.

c) Post-Mortem

Kshs.

7. By reason of the matters aforesaid the persons on whose benefit the action is brought
under the Fatal Accident Act.
PARTICULARS PURSUANT TO THE STATUTE.
a) JOHN NGANGA KIGOTHO SON ADULT - Aged ...... years
b) ............................. .................. ADULT - Aged .......... years

8. The Plaintiff further claims general damages.

9. That

the

Defendants

driver,

agent

and/or

servant

was

charged

in

the......................................... Court at ............. for failing to stop after an accident and was
fined Kshs.................. on .................. and the Plaintiff will seek the Honourable Court
leave to rely on the above mentioned proceedings.
10. The Defendants driver, agent and/or servant was solely to blame for the accident and
the Defendant Company is vicariously liable for the acts and/or omissions of the
Defendants driver, agent and/or servant.
11. Demand Notice and Notice of Intention to sue have been duly served.
12. The cause of action herein arose at Snake Park Area along Maai-Mahiu - Narok road
within the jurisdiction of this Honourable Court.
13. That the Plaintiff has no suit pending or previous suit involving the Defendant with the
same subject matter.
RESONS WHEREOF the Plaintiff prays for judgement against the Defendants jointly and
severally for:a)

General damages under the Law Reform Act (Cap 26) and the Fatal Accidents Act
(Cap 32) Laws of Kenya.

b)

Special damages

c)

Costs of this suit

d)

Interest on (a), (b) and (c) above at court rates.

e)

Any other relief that this Honourable Court may deem fit to grant.

DATED at Nairobi this .. Day of ....2014

MUTITU, THIONGO & CO. ADVOCATES

(ADVOCATES FOR THE PLAINTIFF)

DRAWN AND FILED BY:

MUTITU, THIONGO & CO. ADVOCATES
REHANI HOUSE, 10TH FLOOR,
KENYATTA AVENUE/KOINANGE STREET
P.O. BOX 7528-00200,
NAIROBI.
TO BE SERVED UPON:PEAKS OF KEANYA LIMITED,
P.O. BOX 44599-00100,
NAIROBI.
(We undertake service of summons)

REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT NAIVASHA
CIVIL SUIT NO OF 2014

JOHN NGANGA KIGOTHO ..........................................................................PLAINTIFF

(Suing As A Personal Representative Of The Estate Of
KIGOTHO MUMOCHU)
VERSUS
PEAKS OF KENYA LIMITED ........................................................................DEFENDANT

VERIFYING AFFIDAVIT
I JOHN NGANGA KIGOTHO of Post Office Box Number 5216-00100 Nairobi in the
Republic of Kenya do hereby make oath and state as follows:-

1. THAT I am a male adult of sound mind and the Plaintiff herein above hence
competent to swear this affidavit.
2. THAT I have read and understood all the averments contained in the plaint.
3. THAT I verify and confirm that all the averments contained therein are correct.
4. THAT there are no other proceedings related to the claim against the defendant.
5. THAT the facts deponed to herein are true to the best of my knowledge,
information and belief.
SWORN AT NAIROBI BY THE SAID

)
)
JOHN NGANGA KIGOTHO
)
)
This .day of..2014 )
)
Before me
)
)
)
)
COMMISSIONER FOR OATHS
)

DRAWN AND FILED BY:

MUTITU, THIONGO & CO. ADVOCATES
REHANI HOUSE, 10TH FLOOR,
KENYATTA AVENUE/KOINANGE STREET,
P.O. BOX 7528-00200,
NAIROBI.
TO BE SERVED UPON:PEAKS OF KEANYA LIMITED,
P.O. BOX 44599-00100,
NAIROBI.

REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT NAIVASHA
CIVIL SUIT NO OF 2014
JOHN NGANGA KIGOTHO ..........................................................................PLAINTIFF
(Suing As A Personal Representative Of The Estate Of
KIGOTHO MUMOCHU)
VERSUS
PEAKS OF KENYA LIMITED ........................................................................DEFENDANT
LIST OF WITNESSES
(Order 3 rule 2(b) of the Civil Procedure Rules 2010)
1. John Nganga Kigotho of P.O Box 5216-00100 Nairobi.
2. P.C. Faiz of P.O Box 12 Naivasha.
3. P.C. Kasimba P.O Box 12 Naivasha.
4. Dr. Nyamera .K. (Medical Officer)
5. JOSEPH KHAMALA WAMOCHU 0721 479 909
6. NANCY MOKEIRA OMBEGA 0728 462 805
7. MATHIAS NJOROGE CHEGE 0722 920 433
8. BENARD NYABORU MARUNJA 0710 821 798
9. ESTHER WAITHERA NJOROGE 0725 705 236
10. SOLOMON MWANGI WACHIRA 0723 001 794
11. NO. 81877 P.C. OMAR KAMBI
DATED at Nairobi this .. Day of ....2014

MUTITU, THIONGO & CO. ADVOCATES

(ADVOCATES FOR THE PLAINTIFF)

DRAWN AND FILED BY:

MUTITU, THIONGO & CO. ADVOCATES
REHANI HOUSE, 10TH FLOOR,
KENYATTA AVENUE/KOINANGE STREET
P.O. BOX 7528-00200,

NAIROBI.
TO BE SERVED UPON:PEAKS OF KEANYA LIMITED,
P.O. BOX 44599-00100,
NAIROBI.

REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT NAIVASHA
CIVIL SUIT NO OF 2014
JOHN NGANGA KIGOTHO ..........................................................................PLAINTIFF
(Suing As A Personal Representative Of The Estate Of
KIGOTHO MUMOCHU)
VERSUS
PEAKS OF KENYA LIMITED ........................................................................DEFENDANT
LIST OF DOCUMENTS
1.
2.
3.
4.
5.
6.
7.

(Order 3 rule 2(d) of the Civil Procedure Rules 2010)

Police abstract dated 8th November 2011.
Certificate of death of Kigotho Mumochu.
Post-mortem form of Kigotho Mumochu.
Official copy of records from Kenya Revenue Authority Road Transport Department
pertaining to m/v KBN 165A.
Notice of Intention to Sue dated 16th September 2013.
Demand Notice dated 16th September 2013.
Copy of the ruling in Inquest No. 34 of 2012

DATED at Nairobi this .. Day of ....2014

MUTITU, THIONGO & CO. ADVOCATES

(ADVOCATES FOR THE PLAINTIFF)

DRAWN AND FILED BY:

MUTITU, THIONGO & CO. ADVOCATES
REHANI HOUSE, 10TH FLOOR,
KENYATTA AVENUE/KOINANGE STREET
P.O. BOX 7528-00200,
NAIROBI.
TO BE SERVED UPON:PEAKS OF KEANYA LIMITED,
P.O. BOX 44599-00100,
NAIROBI.