The Court of Appeal has rejected a man's plea for Sh5 million compensation for inability to make love and enjoy spousal affection after a road accident.
Court of Appeal judges unanimously agreed that the amount demanded would only be awarded to a married person.
Justices Abida Ali Aroni, Aggrey Muchelule and George Odunga were in agreement with Justice Anyara Emukule who in 2014 ruled that a person who fails to meet their marital duties would be adequately compensated for loss of facilities and not for loss of conjugal right.
Instead, they ruled that a global award of Sh5 million for all injuries, including his inability to keep the system steady and psychological trauma, was fair and just. "Therefore, the claim for loss of consortium was not available to the respondent," the bench headed by Justice Aroni ruled.
