Lena Lumumba

REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MBIRI GACAU & GODFREY MWANGI MBIRI (Suing on their behalf and as the personal representatives of the estate of WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (DECEASED))…...........PLAINTIFFS -VERSUS- CATHERINE MUINI WARURU…………………….………………….……….1ST DEFENDANT EVANS KAHORO…………………..……………………………...…………..2ND DEFENDANT JACKSON KARIUKI NJOGU…………………………………..……………….3RD DEFENDANT PLAINT 1. The Plaintiffs are male adults of sound mind, residents of Kirinyaga County within the Republic of Kenya and they bring this Suit on their own behalf and as the personal representatives of the estate of WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (hereinafter referred to as the deceased) under the Fatal Accidents Act, Cap 32, Laws of Kenya and for the benefit of the estate of the deceased under the Law Reform Act, Cap 26 Laws of Kenya. Their address of service for purposes of this suit is care of M/S MWANGI KENNEDY & CO ADVOCATES, BINGWA SACCO COMPLEX, 4TH FLOOR, RIGHT WING, P. O. BOX 178 – 10300, KERUGOYA. EMAIL ADDRESS:- 2. The 1st Defendant is a female adult of sound mind residing within the Republic of Kenya. (Service of summons will be through the Plaintiffs’ Advocates offices.) 3. The 2nd Defendant is a male adult of sound mind residing within the Republic of Kenya and address for purpose of this Suit shall be in care of Phone Number-. (Service of summons will be through the Plaintiff’s Advocates offices.) 4. The 3rd Defendant is a male adult of sound mind residing within the Republic of Kenya. (Service of summons will be through the Plaintiff’s Advocates offices.) 5. At all material times relevant to this suit, the 1st Defendant was the registered owner of motor vehicle registration number KDC 516N, the 2nd Defendant was the beneficial owner thereof, and the 3rd Defendant was the driver, servant, agent and/or employee of the 1st and 2nd Defendants. 6. On or about 30th August 2024, WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (deceased) was a lawful pedestrian along Karatina - Sagana road. At Kwa V area, the 3rd Defendant negligently drove motor vehicle registration number KDC 516N headed towards Sagana General direction and caused it to veer off the road and hit the deceased thereby occasioning her fatal injuries and eventually death. 7. The Plaintiffs aver that the said accident was solely caused by the negligent driving of the 3rd Defendant and the 1st and 2nd Defendants are vicariously held liable. Particulars of Negligence a) Veering off the road; b) Driving Motor Vehicle Registration Number KDC 516N at an excessive speed in the circumstances; c) Causing and or permitting -to cause an accident by motor vehicle registration number KDC 516N; d) Failing to exercise due care and skills in managing the motor vehicle; e) Driving Motor Vehicle Registration No. KDC 516N, without due regard to the safety of the other road users and in particular the deceased; f) Failing to maintain adequate or effective control of Motor Vehicle Registration No. KDC 516N; g) Failing to adhere to the Provisions of the Traffic Act Cap 403, Laws of Kenya; h) Driving carelessly and i) Failing to stop, slow down, swerve or in any other way manage or control the said Motor Vehicle so as to avoid the accident. 8. The Plaintiffs shall at the time of the hearing of this Suit where appropriate place reliance on, inter alia, the provisions of the Highway Code of Conduct, the Traffic Act and the principles of res ipsa loquitor. 9. By reasons of the matter aforesaid, the deceased sustained fatal injuries as a result of which the Plaintiffs as well as the Estate of the deceased have suffered loss. Particulars pursuant to Statute under the Law Reform Act 10. This case has been brought by the Plaintiffs on their own behalf and for the Estate of the deceased. The deceased was survived by the following people who lost his company, love, affection and assistance: a) Mbiri Gacau - Husband b) Margaret Wanjugwini Mwangi - Daughter c) Ann Nyawira Ndege - Daughter d) Nancy Wangari Njihia - Daughter e) Godfrey Mwangi Mbiri - Son f) Alice Wacera Muthii - Daughter Particulars pursuant to the Fatal Accidents Act 11. The deceased was aged 96 years at the time of her death and was a Farmer earning approximately Kshs. 30,000/- per month. Despite her advanced age, she remained mentally alert and actively engaged in domestic and farming activities. She was in relatively good health and played an important role in supporting and nurturing her family. As a result of her death, her estate has suffered considerable loss. Particulars of Special Damages a. Copy of records for motor vehicle registration No. KDC 516N - Kshs. 550/- b. Burial expenses - Kshs. 78,600/- c. Legal fees for obtaining letters of administration ad litem - Kshs. 50,000/- d. Filing fees for letters of administration ad litem - Kshs. 1055/- Total - Kshs. 130,205/- 12. Despite demand and Notice of intention to sue being issued, the Defendants have failed. Refused and/or neglected to admit liability hence necessitating the Suit. 13. There is no other Suit pending and that there have been no previous proceedings in any Court between the Plaintiffs and the Defendants over the same subject matter. 14. The cause of action arose within the jurisdiction of this Honourable Court. REASONS WHEREFORE: The Plaintiffs prays for judgment against the Defendants for: a) Damages under the Law Reform Act and Fatal Accidents Act and loss of consortium. b) Special damages of Kshs. 130,205/- c) Cost of this Suit. d) Any other relief that this Honourable Court may deem fit and just to grant. DATED at KERUGOYA on ………………... this day of ……………………..…………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE PLAINTIFFS Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon 1. Catherine Muinu Waruru 2. Evans Kahoro- 3. Jackson Kariuki Njogu REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MBIRI GACAU & GODFREY MWANGI MBIRI (Suing on their behalf and as the personal representatives of the estate of WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (DECEASED))…...........PLAINTIFFS -VERSUS- CATHERINE MUINI WARURU…………………….………………….……….1ST DEFENDANT EVANS KAHORO…………………..……………………………...…………..2ND DEFENDANT JACKSON KARIUKI NJOGU…………………………………..……………….3RD DEFENDANT VERIFYING AFFIDAVIT WE, MBIRI GACAU & GODFREY MWANGI MBIRI & of Post Office Box Number C/o 178 – 10300 Kerugoya in the Republic of Kenya do hereby make Oath and State as follows: 1. THAT we are male adults of sound mind, the Plaintiffs herein hence competent to swear this Affidavit. 2. THAT we confirm that we have authorized and/or instructed the firm of M/S MWANGI KENNEDY & CO. ADVOCATES to institute this suit against the Defendants. 3. THAT we have read and understood the contents of the Plaint prepared by the said Advocates and we confirm that the contents thereof are correct and in accordance with my instructions given to the firm. 4. THAT further, we confirm that there is no suit pending and there have been no previous proceedings between the Defendant and ourselves on the same subject matter. 5. THAT the facts deponed to herein are true to the best of our knowledge, information and belief. SWORN by the said MBIRI GACAU & GODFREY MWANGI MBIRI) ………………………………………. at KERUGOYA) DEPONENTS this…………...day of …….........…….2025) BEFORE ME) ) ) COMMISSIONER FOR OATHS) Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon 1. Catherine Muinu Waruru 2. Evans Kahoro 3. Jackson Kariuki Njogu REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MBIRI GACAU & GODFREY MWANGI MBIRI (Suing on their behalf and as the personal representatives of the estate of WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (DECEASED))…...........PLAINTIFFS -VERSUS- CATHERINE MUINI WARURU…………………….………………….……….1ST DEFENDANT EVANS KAHORO…………………..……………………………...…………..2ND DEFENDANT JACKSON KARIUKI NJOGU…………………………………..……………….3RD DEFENDANT PLAINTIFFS’ LIST OF WITNESSES 1. Mbiri Gacau 2. Godfrey Mwangi Mbiri 3. Police Officer 4. Eye Witness 5. Any other witness with leave of this Honorable Court. DATED at KERUGOYA on ………………... this day of ……………………..…………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE PLAINTIFFS Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon 1. Catherine Muinu Waruru 2. Evans Kahoro- 3. Jackson Kariuki Njogu REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MBIRI GACAU & GODFREY MWANGI MBIRI (Suing on their behalf and as the personal representatives of the estate of WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (DECEASED))…...........PLAINTIFFS -VERSUS- CATHERINE MUINI WARURU…………………….………………….……….1ST DEFENDANT EVANS KAHORO…………………..……………………………...…………..2ND DEFENDANT JACKSON KARIUKI NJOGU…………………………………..……………….3RD DEFENDANT PLAINTIFFS’ LIST OF DOCUMENTS 1. Police Abstract 2. Death Certificate 3. Post mortem report 4. Limited grant ad litem 5. Chief’s letter 6. Receipts 7. Copy of records 8. Demand letter and statutory notice 9. Any other document with leave of this Honorable Court DATED at KERUGOYA on ………………... this day of ……………………..…………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE PLAINTIFFS Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon 1. Catherine Muinu Waruru 2. Evans Kahoro- 3. Jackson Kariuki Njogu REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MBIRI GACAU & GODFREY MWANGI MBIRI (Suing on their behalf and as the personal representatives of the estate of WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (DECEASED))…...........PLAINTIFFS -VERSUS- CATHERINE MUINI WARURU…………………….………………….……….1ST DEFENDANT EVANS KAHORO…………………..……………………………...…………..2ND DEFENDANT JACKSON KARIUKI NJOGU…………………………………..……………….3RD DEFENDANT STATEMENT BY MBIRI GACAU (THE PLAINTIFF) I am the above particularized male adult of sound mind and the Plaintiff herein familiar with the facts of the present case hence competent to make this statement. We bring this Suit together with Godfrey Mwangi Mbiri on our own behalf and as the personal representatives of the estate of WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (hereinafter referred to as the deceased) under the Fatal Accidents Act, Cap 32, Laws of Kenya and for the benefit of the estate of the deceased under the Law Reform Act, Cap 26 Laws of Kenya. At all material times relevant to this suit, the 1st Defendant was the registered owner of motor vehicle registration number KDC 516N, the 2nd Defendant was the beneficial owner thereof, and the 3rd Defendant was the driver, servant, agent and/or employee of the 1st and 2nd Defendants. On or about 30th August 2024, WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (deceased) was a lawful pedestrian along Karatina - Sagana road. At Kwa V area, the 3rd Defendant negligently drove motor vehicle registration number KDC 516N headed towards Sagana General direction and caused it to veer off the road and hit the deceased thereby occasioning her fatal injuries and eventually death. The deceased was survived by the following people who lost his company, love, affection and assistance: g) Mbiri Gacau - Husband h) Margaret Wanjugwini Mwangi - Daughter i) Ann Nyawira Ndege - Daughter j) Nancy Wangari Njihia - Daughter k) Godfrey Mwangi Mbiri - Son l) Alice Wacera Muthii - Daughter The deceased was aged 96 years at the time of her death and was a Farmer earning approximately Kshs. 30,000/- per month. Despite her advanced age, she remained mentally alert and actively engaged in domestic and farming activities. She was in relatively good health and played an important role in supporting and nurturing her family. As a result of her death, her estate has suffered considerable loss. I humbly pray for our prayers to be allowed as stated in the Plaint. That is all I wish to state. STATEMENT given at KERUGOYA this………………day of …………………….…..2025 by; ………………………………………………….. MBIRI GACAU Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon 1. Catherine Muinu Waruru 2. Evans Kahoro- 3. Jackson Kariuki Njogu REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MBIRI GACAU & GODFREY MWANGI MBIRI (Suing on their behalf and as the personal representatives of the estate of WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (DECEASED))…...........PLAINTIFFS -VERSUS- CATHERINE MUINI WARURU…………………….………………….……….1ST DEFENDANT EVANS KAHORO…………………..……………………………...…………..2ND DEFENDANT JACKSON KARIUKI NJOGU…………………………………..……………….3RD DEFENDANT STATEMENT BY GODFREY MWANGI MBIRI (THE PLAINTIFF) I am the above particularized male adult of sound mind and the Plaintiff herein familiar with the facts of the present case hence competent to make this statement. We bring this Suit together with Mbiri Gacau on our own behalf and as the personal representatives of the estate of WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (hereinafter referred to as the deceased) under the Fatal Accidents Act, Cap 32, Laws of Kenya and for the benefit of the estate of the deceased under the Law Reform Act, Cap 26 Laws of Kenya. At all material times relevant to this suit, the 1st Defendant was the registered owner of motor vehicle registration number KDC 516N, the 2nd Defendant was the beneficial owner thereof, and the 3rd Defendant was the driver, servant, agent and/or employee of the 1st and 2nd Defendants. On or about 30th August 2024, WAMBUI MBIRI GACHAU alias JEMIMA WAMBUI MBIRI (deceased) was a lawful pedestrian along Karatina - Sagana road. At Kwa V area, the 3rd Defendant negligently drove motor vehicle registration number KDC 516N headed towards Sagana General direction and caused it to veer off the road and hit the deceased thereby occasioning her fatal injuries and eventually death. The deceased was survived by the following people who lost his company, love, affection and assistance: m) Mbiri Gacau - Husband n) Margaret Wanjugwini Mwangi - Daughter o) Ann Nyawira Ndege - Daughter p) Nancy Wangari Njihia - Daughter q) Godfrey Mwangi Mbiri - Son r) Alice Wacera Muthii - Daughter The deceased was aged 96 years at the time of her death and was a Farmer earning approximately Kshs. 30,000/- per month. Despite her advanced age, she remained mentally alert and actively engaged in domestic and farming activities. She was in relatively good health and played an important role in supporting and nurturing her family. As a result of her death, her estate has suffered considerable loss. I humbly pray for our prayers to be allowed as stated in the Plaint. That is all I wish to state. STATEMENT given at KERUGOYA this………………day of …………………….…..2025 by; ………………………………………………….. GODFREY MWANGI MBIRI Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon 1. Catherine Muinu Waruru 2. Evans Kahoro- 3. Jackson Kariuki Njogu