[2025] KEHC 8517 (KLR)

[2025] KEHC 8517 (KLR)

The court found that both parties contributed to the occurrence of the accident. The Respondent violated the Traffic Act by carrying two pillion passengers, exposing himself and others to risk, which constitutes contributory negligence. The evidence from the police officer was disregarded as hearsay since he was not...

Source-derived case information.

Citation
[2025] KEHC 8517 (KLR)
Parties
Appellant: Too K Karoli; Respondent: Michael Sang
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Civil Appeal E042 of 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partially allowed; liability apportioned 60% to Appellant and 40% to Respondent; damages reduced accordingly.
Judges
JK Ng'arng'ar
Legal Topics
Road Traffic Accidents, Apportionment of Liability, Contributory Negligence, Assessment of Damages
Source Language
english
Tort Law Civil Procedure Road Traffic Accidents Apportionment of Liability Contributory Negligence Assessment of Damages

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Summary, issues, holding and outcome

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Parties

Too K Karoli

Appellant

Michael Sang

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in finding the Appellant 100% liable for the road traffic accident.
  2. 2 Whether the Respondent's contributory negligence in carrying two pillion passengers should affect liability apportionment.
  3. 3 Whether the damages awarded by the trial court were excessive or unsupported by evidence.

Ratio Decidendi

The court found that both parties contributed to the occurrence of the accident. The Respondent violated the Traffic Act by carrying two pillion passengers, exposing himself and others to risk, which constitutes contributory negligence. The evidence from the police officer was disregarded as hearsay since he was not the investigating officer and the police file was not produced. The court determined that the Appellant was primarily at fault for leaving his lane and causing the collision, but the Respondent's statutory violation warranted a reduction in his recoverable damages. Liability was apportioned at 60% to the Appellant and 40% to the Respondent. The damages awarded by the trial...

Court Disposition

Appeal partially allowed; liability apportioned 60% to Appellant and 40% to Respondent; damages reduced accordingly.

Orders

  • The Appellant is found 60% liable and the Respondent 40% liable for the accident.
  • The Respondent's total award is reduced by 40% contributory negligence, resulting in KES 91,924 payable.