[2025] KEHC 5052 (KLR)

Parties

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1. 1 Whether the respondent was negligent and liable for the motor vehicle accident involving the appellant.
2. 2 Whether the trial court erred in dismissing the suit for failure to prove negligence on a balance of probabilities.
3. 3 What is the appropriate apportionment of liability between the appellant and respondent, if any.

Ratio Decidendi

The court found that while the appellant's motorcycle rammed into the respondent's vehicle from behind, creating a presumption of negligence on the appellant's part, the respondent's sudden turn without warning contributed to the accident. The respondent did not testify to rebut the appellant's account. The trial court erred in failing to apportion liability, as the evidence established that both parties contributed to the accident. The court apportioned liability at 90% to the appellant and 10% to the respondent. On damages, the court found that an award of Kshs. 250,000.00 for pain and suffering was appropriate, based on comparable injuries in recent case law. The appeal was allowed,...

Court Disposition

appeal_allowed

Orders

• The appeal is allowed.
• The trial court's finding on liability is set aside and substituted with a finding that the respondent is 10% liable and the appellant is 90% liable.