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Can the family sue after a relative dies in an accident?

Fatal Accidents Act · sources read 5 Oct 2026

Yes. When a death is caused by someone else's wrongful act or negligence, a case can be brought for the benefit of the dead person's spouse, parents and children, and it must be filed within 3 years of the death. The executor or administrator brings it; if there is none, or they have not sued within 6 months, the family members can sue in their own names.

Deadline
The case must be filed within 3 years of the death
Deadline
After 6 months without a case by the executor or administrator, family members can sue themselves
Where
In court, through a civil case for damages
Read the law

Steps

  1. The executor or administrator of the dead person's estate files the case in court, on behalf of the spouse, parents and children.
  2. If there is no executor or administrator, or none has sued within 6 months of the death, any of those family members can file the case in their own names.
  3. The court decides the damages for the loss the death caused the family, and how the money is shared among them.

Watch out

  • Only one case is allowed for the same death, so the family should agree who files and include everyone who depended on the person.
  • The 3 years count from the date of death, not from when the police or insurance process ends.
  • Insurance pay-outs on the death and widow's or orphan's pensions are not deducted from the damages, so getting them does not reduce the claim.
  • Keep receipts: the court can add funeral expenses to the damages if the family paid them.

Who this covers

  • The death was caused by someone's wrongful act, neglect or default (for example a road accident or negligence) that would have let the person sue if they had survived.
  • The wife, husband, parents and children of the person who died
  • 'Children' includes sons, daughters, grandchildren and stepchildren.
  • 'Parents' includes fathers, mothers, grandparents and step-parents.
  • Children born outside marriage and adopted children (and their parents) count too.
Official sources (1)
  1. Fatal Accidents Act (Cap. 32) new.kenyalaw.org · read 5 Oct 2026

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