[2025] KEHC 8743 (KLR)

[2025] KEHC 8743 (KLR)

The court found that both the plaintiff and the 2nd defendant bore equal responsibility for the accident. The plaintiff, a mechanic working on a closed section of the road, was hit by the 2nd defendant's vehicle, which was being driven at high speed despite visible roadwork signs. Although the police officer's...

Source-derived case information.

Citation
[2025] KEHC 8743 (KLR)
Parties
Plaintiff: Abdi Kadir Jelle Ibrahim; Defendant: Abdilame Hassan Durage; Defendant: Abdi Rashid
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
19 June 2025
Case Number
Civil Suit 194 of 1999
Procedural Posture
Civil Suit / Judgment
Outcome
Judgment for the plaintiff against the defendants jointly and severally for Kshs 2,637,000 plus costs and interest.
Judges
RB Ngetich
Legal Topics
Road Traffic Accidents, Negligence, Personal Injury, Apportionment of Liability
Source Language
english
Tort Law Civil Procedure Road Traffic Accidents Negligence Personal Injury Apportionment of Liability

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Summary, issues, holding and outcome

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Parties

Abdi Kadir Jelle Ibrahim

Plaintiff

Abdilame Hassan Durage

Defendant

Abdi Rashid

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the defendants were liable for the accident involving the plaintiff and to what extent.
  2. 2 What quantum of damages is payable to the plaintiff for the injuries sustained.

Ratio Decidendi

The court found that both the plaintiff and the 2nd defendant bore equal responsibility for the accident. The plaintiff, a mechanic working on a closed section of the road, was hit by the 2nd defendant's vehicle, which was being driven at high speed despite visible roadwork signs. Although the police officer's evidence blamed the plaintiff, the court held that both parties had a duty of care and failed to ensure safety. The defendants did not adduce any evidence to rebut the plaintiff's case. Applying the principle of apportionment of liability, the court held both parties 50% liable. On quantum, the court assessed general damages for pain and suffering at Kshs 3,000,000, loss of earnings...

Court Disposition

Judgment for the plaintiff against the defendants jointly and severally for Kshs 2,637,000 plus costs and interest.

Orders

  • Judgment entered for the plaintiff against the defendants jointly and severally for Kshs 2,637,000.
  • Defendants to pay costs of the suit and interest on the awarded sum.