IN RE: MESHACK KINYANJUI MWANGI SAMUEL KINYANJUI RUTH KINYANJUI Applicants
to S.C. Reporter 5/23/17
DECISION OF THE MAGISTRATE
R. BORCHERT, Magistrate Judge
On April 6, 2015, applicant, Samuel Kinyanjui, filed a
compensation application as the result of the death of his
father, Meshack Kinyanjui Mwangi. Meshack Mwangi was murdered
on August 26, 2014. On July 1, 2015, the Attorney General
issued a finding of fact and decision denying applicants'
claim for an award of reparations pursuant to R.C.
2743.60(E)(1)(e), since the decedent tested positive for
oxycodone at the time of his death.
On July 27, 2015, Samuel Kinyanjui submitted a request for
reconsideration stating the decedent had been prescribed
oxycodone for pain relief since he was suffering from cancer.
Applicant, Ruth Kinyanjui, also wrote a letter stating she
received money from the Imani Fund and the Kenben Foundation,
organizations which assist fellow members when a death occurs
in their family. Ms. Kinyanjui attached a check from the
Kenben Foundation in the amount of $2, 230.00 and the Imani
Fund in the amount of $3, 050.00. These checks were used to
pay for the decedent's funeral expenses.
On September 23, 2015, the Attorney General rendered a Final
Decision, again denying applicants' claim for an award,
but on the basis that the economic loss incurred by the
applicants had already been reimbursed by the Imani Fund and
Kenben Foundation, readily available collateral sources.
On November 24, 2015, applicant, Ruth Kinyanjui filed a
notice of appeal from the September 23, 2015 Final Decision
of the Attorney General. Hence, a hearing was held before
this magistrate on February 11, 2016 at 10:00 a.m.
Assistant Attorney General Megan Hanke appeared on behalf of
the state of Ohio. Neither applicants attended the hearing.
Initially, the Attorney General clarified that Meshack
Kinyanjui Mwangi was a victim of criminally injurious
conduct. However, all economic loss incurred had been
reimbursed by readily available collateral source.
The Attorney General called Shawn Moser, lead economic loss
investigator with the Attorney General's office to
testify. Mr. Moser related that the total funeral expense
amounted to $9, 105.44. Mr. Moser was then presented with a
Detail Expense Exhibit marked for identification purposes as
State's Exhibit A. This document evidenced that the total
expenses incurred at Diehl Whittaker Funeral Home and Union
Cemetery amounted to $9, 105.44.
Mr. Moser was then shown State's Exhibit B and C, a check
from Imani Fund dated August 6, 2014, in the amount of $3,
050.00 and a check from the Kenben Foundation dated August
30, 2014, in the amount of $2, 230.00 made out to the Meshack
K. Mwangi Memorial Fund. Next, Mr. Moser was shown what was
marked as State's Exhibit D, the Meshack Kinyanjui Mwangi
Memorial Fund set up at PNC Bank. This document showed a
balance of $14, 291.00. Finally, Mr. Moser was presented with
State's Exhibit E, also a document from the same Memorial
Fund which revealed all funeral and related expenses were
paid from this fund.
Mr. Moser stated the Imani Fund and Kenben Foundation were
voluntary funds organized for the purpose of assisting
members with funeral expenses incurred as the result of the
death of a family member. Furthermore, the Meshack Kinyanjui
Mwangi Memorial Fund was established at PNC Bank for the
purposes of assisting the family with funeral expenses. Funds
received from the Imani Fund and Kenben Foundation were
deposited into the PNC account. Therefore, applicants'
incurred no loss as a result of the funeral and related
expenses. Whereupon, the testimony of Shawn Moser was
The Attorney General stated the three funds should be
considered a collateral source pursuant to R.C. 2743.60(D),
since they were created for the purpose of paying
decedent's funeral expenses. Furthermore, if applicants
incur additional expenses related to the decedent's
death, this would be the proper subject for a supplemental
compensation application. Whereupon, the hearing was
R.C. 2743.60(D) in pertinent part states:
"The attorney general or the court of claims shall
reduce an award of reparations or deny a claim for an award
of reparations that is otherwise payable to a claimant to the
extent that the economic loss upon which the claim is based