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Summarize Berita Wangari Muchene v Stephen N. Wairagu & 2 others[2004] eKLR civ case 548 of 02
Berita Wangari Muchene v Stephen N. Wairagu & 2 others[2004] eKLR civ case 548 of 02
This case involved a road traffic accident where the plaintiff, Berita Wangari Muchene, was injured. The accident was caused by an ambulance driven by the first defendant, Stephen N. Wairagu, who was employed by the second defendant, Sher Agencies Ltd. The third defendant was the Attorney General, representing the government.
The plaintiff sued the defendants for damages arising from the accident. The case was heard before Justice Mary Atieno Ang'awa of the High Court of Kenya at Nairobi (Milimani Law Courts).
1. Background
The accident occurred on the 10th of February 2004. The plaintiff was a passenger in a vehicle that was involved in a collision with the ambulance driven by the first defendant. The plaintiff sustained injuries as a result of the accident.
2. The Plaintiff's Case
The plaintiff argued that the first defendant was negligent in driving the ambulance. She claimed that the first defendant was speeding, driving recklessly, and failing to keep a proper lookout. The plaintiff also argued that the second defendant was vicariously liable for the negligence of the first defendant, as the first defendant was acting within the scope of his employment.
3. The Defendants' Case
The defendants denied liability. They argued that the accident was caused by the negligence of the driver of the other vehicle involved in the collision. They also argued that the first defendant was not negligent, and that he was driving carefully and responsibly.
4. The Court's Decision
The court found in favor of the plaintiff. The court held that the first defendant was negligent in driving the ambulance. The court found that the first defendant was speeding, driving recklessly, and failing to keep a proper lookout. The court also held that the second defendant was vicariously liable for the negligence of the first defendant.
The court awarded damages to the plaintiff. The amount of damages was not specified in the case report.
5. Case Law
The court relied on the case of Mugo v Attorney General & 2 others to support its decision. In that case, the court held that the Attorney General was liable for the negligence of a police officer who was driving a police vehicle. The court found that the police officer was negligent in driving the vehicle, and that the Attorney General was vicariously liable for the negligence of the police officer.
6. Sources
7. TLDR
The court found the ambulance driver negligent and awarded damages to the plaintiff. The court relied on the case of Mugo v Attorney General & 2 others to support its decision.
8. Conclusion
The case of Berita Wangari Muchene v Stephen N. Wairagu & 2 others[2004] eKLR civ case 548 of 02 is a significant case in Kenyan law. The case highlights the importance of road safety and the liability of employers for the negligence of their employees. The case also demonstrates the application of the principle of vicarious liability in Kenya.
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