https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/460

 REPUBLIC OF KENYA IN THE MAGISTRATE COURT OF KENYA AT MURANGA COUNTY COURT NAME: MURANGA MAGISTRATE COURT CASE NUMBER: MCCC/E292/2025 JECINTA WANJIKU KANGETHE ALIAS JACINTA WANJIKU KANGETHE VS EPHRAITH G NJIRU JUDGMENT 1. On 12 th October 2025, the plaintiff was traveling as a pedestrian along Mumbi station road at Mumbi police post area when the driver of the defendant’s motor vehicle registration number KDU 090U drove the vehicle negligently and as a result, he veered off the road and hit the plaintiff. The plaintiff averred that she sustained serious injuries as a result of the accident to wit, blunt soft tissue injuries of the right elbow and arm and of the right leg. She filed the instant suit vide a plaint dated 7th November 2025 for *inter alia*, general damages and special damages of Kshs. 5,550/=. 2. Interlocutory judgment was entered against the defendant who failed to enter appearance despite service. When the matter came up for hearing, the plaintiff testified as the sole witness and submissions were thereafter filed in support of her case. # ISSUES, ANALYSIS AND DETERMINATION 1. Where interlocutory judgment is entered against a defendant who fails to enter appearance or file a defence, liability is deemed to have been established in favour of the plaintiff, leaving only the question of the appropriate relief for determination. This principle was affirmed in [***Paul Muiyoro t/a Spotted Zebra***](https://new.kenyalaw.org/akn/ke/judgment/keca/2016/95/eng%402016-11-25) [***v Bulent Gulbahar Remax Realtors [2016] KECA 95 (KLR)***](https://new.kenyalaw.org/akn/ke/judgment/keca/2016/95/eng%402016-11-25), where the Court held as follows: *“It is now settled that once interlocutory judgment has been entered the question of liability becomes a foregone conclusion. In Felix Mathenge -v- Kenya Power Lighting Company Limited [Civil Appeal No. 215 of 2002] UR, the Court held:* *"The role of the court after entering interlocutory judgment was only to assess damages since interlocutory judgment having been regularly obtained there can never be any doubt that judgment was final with regard to liability and was unassailable. It was only interlocutory with regard to the quantum of damages".* 1. Accordingly, the sole issue for determination is the assessment of damages. # GENERAL DAMAGES 1. In assessing general damages, the court is required to consider the awards made for similar injuries, bearing in mind that no two cases can have the same exact injuries and disability effects, and each case must be determined based on its peculiar facts. The court is also required to consider the fact that damages must not only be within the limits set out by decided cases but also be within the limits of the Kenyan economy. Further, rising inflation should also be considered while assessing damages. (See ***Mohamed Mahmoud Jabane v Highstone Butty Tongoi Olenja [1986] KECA 21 (KLR)*** 2. The injuries pleaded by the plaintiff reflect the injuries listed in the medical summary generated on 13th October 2025, the P3 form and the report prepared by Dr. P.K. Mwangi on 31st October 2025. The medical report listed her injuries as blunt soft tissue injuries of the right elbow and arm and of the right leg. At the time of her examination, a few weeks after the accident, Dr. Mwangi noted that the plaintiff was still experiencing pain on the sites of the injuries which would resolve with time. 3. For these injuries, the plaintiff’s learned counsel urged this court to award the plaintiff a sum of Kshs. 500,000/= in general damages. Counsel relied on the case of ***Matunda Fruits Bus Services Ltd v Oiech [2024] KEHC 1305 (KLR).*** In that matter the respondent had sustained multiple cut wounds to the head, blunt injury to the anterior chest wall, soft tissue injuries of both legs and right hand the court upheld the award of Kshs. 500,000/=. 4. This court has also considered the case of [***Kiruma v Chege (Civil Appeal 95***](https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5998/eng%402024-05-23) [***of 2021) [2024] KEHC 5998 (KLR) (23 May 2024) (Judgment)***](https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5998/eng%402024-05-23). In that case, the appellate court upheld an award of kshs 250,000/= for bruises on the right hand, left knee, right side of the chest and on the right ear. The prognosis by the doctor was that the respondent had suffered multiple severe soft tissue injuries that were in the process of healing with permanent ugly scars. 1. In [***Oyaro v Morris (Civil Appeal E054 of 2024) [2025] KEHC 5361 (KLR) (25 April 2025) (Judgment)***](https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/5361/eng%402025-04-25) where the respondent had sustained soft tissue injuries to wit, bruises and abrasions on the forehead, blunt trauma to the chest, blunt trauma to the abdomen, blunt trauma to the right knee/leg, blunt trauma to the lower back and still complained of abdominal pains, headache and backache, the court substituted an award of Kshs. 300,000 with an award of Kshs. 130,000/=. 2. The plaintiff in the present case did not sustain any cut wounds. Her injuries were superficial injuries to the right limbs which would resolve with proper care. Considering the foregoing authorities and the passage of time since they were made, this court awards the plaintiff a sum of Kshs. 180,000/= in general damages for pain and suffering. # SPECIAL DAMAGES 1. The plaintiff also sought a sum of Kshs. 5,500/= in special damages. She claimed that she had spent a sum of Kshs. 5,000/= to obtain the medical report and Kshs. 550/= for the copy of records. She was required to strictly prove her claim for special damages. She produced the copy of receipt issued for the medical report and is therefore entitled to a sum of Kshs. 5,000/= in special damages. # CONCLUSION 1. In the end, judgment is entered in favor of the plaintiff against the defendant for a sum of Kshs. 185,000/= made up as follows; 1. Liability is entered wholly in favour of the plaintiff against the defendant; 2. General damages for pain and suffering - Kshs. 180,000/= 3. Special damages- Kshs. 5,000/= 2. The above award shall attract interest at court rates from the date of judgment until payment in full. 3. The plaintiff shall have the costs of this suit. # DATED, SIGNED AND DELIVERED AT MURANG’A THIS 22ND DAY OF JULY **2026.** **HON. GRACE WAITHĨRA SENIOR RESIDENT MAGISTRATE** **JUDGMENT READ ON THE VIRTUAL PLATFORM IN THE PRESENCE OF; C/A JEREMIAH** **MS. MSAFIRI FOR THE PLAINTIFF** **NO APPEARANCE FOR THE DEFENDANT** SIGNED BY/FOR: **★ TH E JUDICIAR Y O F KENY A ★** **HON. GRACE WAITHIRA** Muranga Magistrate Court Magistrate Court Date: 2026-07-22 12:20:13