Kenya Case Law

Anyumba v Kabera

Anyumba v Kabera (Civil Case E327 of 2022) [2026] KEMC 736 (KLR) (26 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Civil Case E327 of 2022

Judge

["LA Mumassabba"]

The Court found directly contradictory evidence on how the accident occurred. PW3 supported the Plaintiff’s version that the Defendant’s vehicle reversed into the Plaintiff’s vehicle, but the Defendant and her witness gave the opposite account. Because the Plaintiff’s driver did not testify and no sketch map or equivalent scene evidence was produced, the Court could not hold either party solely liable. It therefore apportioned liability equally at 50:50. On quantum, repair costs and tracing/investigation expenses were proved, but re-inspection charges were not strictly proved because payment…

Source excerpt

• Negligence in road traffic accident
• Burden and standard of proof
• Special damages
• Doctrine of subrogation
• Apportionment of liability

Ngaywa & Kibet Partners LLP v Monarch Insurance Company Ltd

Ngaywa & Kibet Partners LLP v Monarch Insurance Company Ltd (Miscellaneous Application E110 of 2025) [2026] KEHC-DR 15 (KLR) (26 August 2026) (Ruling)

Court

High Court (DR)

Case number

Miscellaneous Application E110 of 2025

Judge

["LA Mumassabba"]

The value of the subject matter was ascertainable from the pleadings at Kshs. 842,057.40, so Schedule 7 applied. Although the applicable scale suggested Kshs. 90,000.00 for instruction fees, the applicant had claimed Kshs. 60,000.00 and parties are bound by their pleadings, so the item was taxed as drawn. Attendances and disbursements were allowed as drawn because they were reasonably incurred and supported by receipts. The bill was therefore taxed at Kshs. 196,455.00.

Source excerpt

• Advocate-client bill of costs
• Taxation of costs
• Instruction fees
• Schedule 7 advocates remuneration order
• Value of subject matter
• Reference period

KN v IMN (Children's Case E859 of 2025)

KN v IMN (Children's Case E859 of 2025) [2026] KEMC 762 (KLR) (26 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Children's Case E859 of 2025

Judge

["LA Mumassabba"]

[2026] KEMC 762 (KLR)

Source excerpt

• Procedural posture
• Ruling

Wang’ombe v Njoroge & another

Wang’ombe v Njoroge & another (Civil Case E10171 of 2021) [2026] KEHC 13118 (KLR) (26 August 2026) (Judgment)

Court

High Court

Case number

Civil Case E10171 of 2021

Judge

["LA Mumassabba"]

The Plaintiff proved on a balance of probabilities that the 2nd Defendant lost proper control of the Defendant’s vehicle and was negligent; the 1st Defendant was vicariously liable because the 2nd Defendant was driving the 1st Defendant’s vehicle and no evidence rebutted the servant/agency inference; special damages were only partly proved, and the claim for loss of user, though not strictly proved at the pleaded rate, warranted a modest global award because the vehicle was a PSV and was off the road for repairs.

Source excerpt

• Negligence
• Vicarious liability
• Special damages
• Loss of user
• Subrogation
• Burden and standard of proof

Koech v Mara Multi Farming

Koech v Mara Multi Farming (Civil Suit 333 of 2015) [2026] KEMC 800 (KLR) (26 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Civil Suit 333 of 2015

Judge

["LA Mumassabba"]

The Plaintiff proved on a balance of probabilities that he was injured in the course of employment by machinery under the control of the Defendant's servant or agent, the Defendant adduced no rebuttal evidence, and negligence could properly be inferred. The Defendant was therefore held 100% liable. On quantum, the court awarded Kshs.2,500,000 for pain, suffering and loss of amenities and Kshs.750,000 as a global award for loss of earning capacity, while limiting special damages to the Kshs.8,000 strictly proved by receipt.

Source excerpt

• Workplace accident
• Employer negligence
• Vicarious liability
• Res ipsa loquitur
• Traumatic amputation
• General damages

Mokami v Nyamohanga

Mokami v Nyamohanga (Environment and Land Case E062 of 2025) [2026] KEMC 766 (KLR) (26 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Environment and Land Case E062 of 2025

Judge

["JP Nandi"]

The court held that because it had already delivered a final judgment on 28 May 2026 which remained unchallenged by appeal or contrary order, it was functus officio and lacked authority to reopen the case, admit fresh evidence, or alter the outcome. The application was therefore without merit and had to fail.

Source excerpt

• Review of judgment
• Functus officio
• Finality of litigation
• Admissibility/non-production of evidence
• Setting aside judgment
• Interlocutory injunction

Jackson v County Government of Nakuru

Jackson v County Government of Nakuru (Civil Suit E866 of 2025) [2026] KEMC 799 (KLR) (26 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Civil Suit E866 of 2025

Judge

["LA Mumassabba"]

The Defendant, having failed to defend the suit, was found 100% liable on the Plaintiff's unrebutted evidence and supporting medical records. The Court held that the Plaintiff proved severe permanent injuries leading to amputation, justified general damages of Kshs.3,000,000, proved future medical expenses for a prosthetic limb at Kshs.300,000, and proved loss of earning capacity on a global basis at Kshs.800,000. Special damages failed for want of strict proof.

Source excerpt

• Duty of care and breach in medical treatment
• Causation in medical negligence
• General damages for pain, suffering and loss of amenities
• Future medical expenses for prosthesis
• Loss of earning capacity
• Strict proof of special damages

Judith Mukhwana Luambo v Mogo Auto Limited & 4 others

Court

Magistrate's Court

Case number

Civil Case E3753 of 2024

Judge

["LA Mumassabba"]

The court held that the plaintiff owned the vehicle subject to a prior security interest, but the repossession was forceful and unlawful. Damages of Kshs.200,000 were awarded.

• Repossession of motor vehicle
• Security interest
• Bona fide purchaser
• Vicarious liability
• Special damages proof
• Unlawful force in repossession

Longel v City Star Shuttle

Longel v City Star Shuttle (Civil Case E1455 of 2026) [2026] KEMC 774 (KLR) (26 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Civil Case E1455 of 2026

Judge

["LA Mumassabba"]

The Plaintiff proved on a balance of probabilities that the Defendant’s driver negligently caused the collision. The unchallenged assessment report and supporting evidence established that the Plaintiff’s vehicle was a total loss with a pre-accident value of Kshs.1,400,000 and salvage value of Kshs.255,000, and the pleaded consequential expenses were sufficiently proved. The Court therefore awarded the net special damages proved, not the higher arithmetically inconsistent total pleaded in submissions.

Source excerpt

• Negligence
• Vicarious liability
• Special damages
• Total loss valuation
• Proof of damages
• Interest on judgment

Ngamsap v Republic

Ngamsap v Republic (Criminal Appeal E022 of 2026) [2026] KEHC 13085 (KLR) (25 August 2026) (Judgment)

Court

High Court

Case number

Criminal Appeal E022 of 2026

Judge

["DR Kavedza"]

The prosecution proved beyond reasonable doubt that the recovered substance was cocaine and that the appellant knowingly possessed and trafficked it, because the suitcase was linked to him by its tag and contents, the cocaine was concealed in a false bottom, and the CCTV, immigration and WhatsApp evidence corroborated possession and knowledge. The conviction was upheld, but the sentence was reduced because the original term was lawful yet manifestly excessive for a first offender, given the need for proportionality.

Source excerpt

• Trafficking in narcotic drugs
• Possession and knowledge
• Chain of custody
• Failure to call witnesses
• Sentencing discretion and proportionality
• First appeal re-evaluation of evidence