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
Steps
- The executor or administrator of the dead person's estate files the case in court, on behalf of the spouse, parents and children.
- 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.
- 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)
- Fatal Accidents Act (Cap. 32) new.kenyalaw.org · read 5 Oct 2026