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Kenya decisions
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Kipchumba v Esata [2025] KEHC 10635 (KLR)
High Court appeal on personal injury quantum reduced general damages from Kshs. 1,000,000 to Kshs. 500,000, while upholding future medical expenses and special damages.
Muthuri v Kirimi (Suing as the Legal Representative of the Estate of Nicholas Mwenda Kirimi (Deceased)) [2025] KEHC 10630 (KLR)
The High Court found that the trial court's apportionment of liability at 50% between the appellant and the deceased was justified, as the evidence showed both parties contributed to the accident: the appellant drove at a relatively high speed given poor visibility at night, while the deceased was negligent in overtaking a matatu and suddenly emerging into the appellant's lane. The adoption of a multiplicand of Ksh. 30,000 for loss of dependency was reasonable, considering the deceased was a final-year university student with a clear career trajectory as a teacher. The award of Ksh. 100,000 f…
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Nyambok v Shikuku [2025] KEHC 10572 (KLR)
The High Court found that the respondent had proved, on a balance of probabilities, that he sustained soft tissue injuries and a dislocated ankle joint as a result of the appellant's negligent driving. The appellant failed to adduce any evidence to challenge the respondent’s account, rendering the respondent’s evidence uncontroverted. The trial court’s award of Kshs. 350,000 as general damages was within the range for comparable injuries and did not amount to an excessive or erroneous exercise of discretion. On special damages, the receipts produced, though lacking stamp duty stamps, were adm…
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Kidiga & another v Onguna & another (Suing as the Administrator of the Estate of Elvis Omondi Otieno – Deceased) [2025] KEHC 10523 (KLR)
The High Court found that the trial court's award of Kshs. 3,000,000 for loss of dependency was not excessive or arbitrary, as it was based on the deceased's age, family circumstances, and comparable precedents. The global sum method was appropriate given the lack of documentary proof of income. The evidence, including the Chief's letter and oral testimony, sufficiently established the existence of dependents, including the deceased's mother, fiancée, child, and brothers. The trial court correctly applied the law regarding dependency under the Fatal Accidents Act, and there was no basis to in…
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Aoko v Odero [2025] KEHC 10278 (KLR)
The High Court allowed a personal injury appeal, removed contributory negligence, and increased general damages after finding the trial award too low for the injuries suffered.
High Plateau Limited v Namalwa & 2 others (Suing as the Administrators of the Estae of Alex Mafura (Deceased)) [2025] KEHC 10311 (KLR)
The High Court found that the trial court erred in holding the appellant solely liable for the accident, given the conflicting evidence regarding the cause and the absence of a clear finding on the third party's liability. Applying established appellate principles, the court apportioned liability equally (50:50) between the appellant and the third party, the owner of the other vehicle. On quantum, the court held that the award for pain and suffering was appropriate given the deceased died instantly, but reduced the award for loss of expectation of life to the conventional sum of Kshs. 100,000…
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Ndegwa v Amollo & 3 others [2025] KEHC 10525 (KLR)
The High Court granted a conditional stay of execution pending appeal, requiring deposit of half the decretal sums within 21 days. Proceedings in the related test-suit matters were not stayed.
Gikunda & another v Muguna [2025] KEHC 10399 (KLR)
The court held that a consent filed by parties does not become binding unless and until it is formally adopted as an order of the court. In this case, only Clause 1 of the consent had been adopted and was therefore binding; Clauses 2 and 3, being contested and not adopted, were not binding. On the issue of interest, the court found that interest on the general damages and costs should run from the date of the lower court's judgment and certification of costs, respectively, not from the date of the appellate judgment. The sum deposited in court ceased to accrue interest from the date of deposi…
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Mediant International Limited v Kahuria [2025] KEHC 10515 (KLR)
High Court appeal arising from a road traffic accident partly allowed on liability, with the court apportioning blame 50:50 and upholding the damages award.
Kariuki v Mwandaga [2025] KEHC 10300 (KLR)
High Court ruling granting stay of execution pending appeal in a personal injury matter, on condition that half the decretal sum be deposited as security.
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