https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10461

Odhiambo v JRS Group Limited (Civil Appeal E080 of 2025) [2026] KEHC 10461 (KLR) (5 June 2026) (Judgment) Neutral citation: [2026] KEHC 10461 (KLR) Republic of Kenya In the High Court at Kisumu Civil Appeal E080 of 2025 AK Ithuku, J June 5, 2026 Between Vincent Edward Odhiambo Appellant and JRS Group Limited Respondent Judgment 1.The appeal before me was provoked by the judgment delivered by the small claims court on 7th March 2025. The appellant had filed a statement of claim seeking compensation as a result of an accident said to have happened on 29/12/2025 along Ahero Awasi Road. The claim was dismissed. 2.The appellant being aggrieved filed this appeal and raised the following grounds.i.That the learned trial magistrate erred both by holding that the claimant/appellant had not proved that the accident occurred on 29/12/2024 at Ngare area along Ahero-Awasi road involving the respondent’s motor vehicle registration number KBM 094G and that the claimant was among the persons involved in the accident yet the appellant produced the required evidence that was corroborated which proved that the accident occurred and the claimant is one of the persons that was involved in the accident, hence the decision on that account along was legally unjustifiable and ought to be set aside.ii.That the learned trial magistrate erred in facts and in law in failing to consider the appellant testimony evidence and submissions in totality and as a result confirmed at an unjustified decision not supported by law and facts.iii.That the trial court erred by failing to award the appellant general and special damages for the injuries the claimant sustained after he was hit by the respondent’s motor vehicle. 3.The appellant asks this court to set aside the trial court findings and judgment on liability and instead find the respondent 100% liable. On quantum of damages payable, the appellant agrees with the trial court and asks that the sum assessed be awarded. 4.The appeal proceeded by way of written submissions with both sides complying in his submissions the appellant generally and extensively repeats his testimony before the trial court. He submitted that with the evidence on record the trial court shall have found in his person on liability. He reported to the testimony by the respondent which was characterHon. A.K. IthukuJUDGECourtJudgment delivered in virtual court.Ms. Wairimu holding brief for Ms. Kabugu for the applicantMs. Mboya for the respondentHon. A.K. IthukuJUDGEMs. WairimuI pray for 30 days stay of execution.Mr. MboyaNo objectionCourt30 days stay of execution granted.Hon. A.K. IthukuJUDGE DELIVERED, DATED AND SIGNED AT MAKADARA LAW COURTS THIS 5TH … DAY OF JUNE, 2026HON. ALEX.K. ITHUKUJUDGEJudgement delivered through Microsoft Teams:………………………. ………………Prosecutor……………………………………….AccusedAnnastacia…….Court AssistantHON. ALEX.K. ITHUKUJUDGE