Kenya Case Law

Kiprop v Wakhungu & another (Suing as the Legal Representatives of the Estate of Peter Lusweti Masengeli – Deceased)

Kiprop v Wakhungu & another (Suing as the Legal Representatives of the Estate of Peter Lusweti Masengeli – Deceased) [2025] KEHC 10633 (KLR)

Court

High Court

Case number

Civil Appeal 87 of 2021

Judge

RN Nyakundi

High Court appeal from a fatal accident claim. Liability was upheld at 80:20 against the appellant, with a small adjustment to loss of dependency using the correct minimum wage.

• Fatal Accidents
• Apportionment Of Liability
• Assessment Of Damages
• Dependency Claims
• Judicial Discretion
• Appeals On Quantum

Gachie v Kariuki

Gachie v Kariuki [2025] KEHC 9343 (KLR)

Court

High Court

Case number

Civil Appeal E097 of 2023

Judge

GL Nzioka

High Court dismissal of a small claims appeal over a road accident injury award. The court upheld liability and damages, finding no basis to interfere.

• Personal Injury
• Road Traffic Accidents
• Assessment Of Damages
• Appeals On Quantum
• Personal-injury
• Road-traffic-accidents

Njagi & another v Njogu & another (Suing as the Legal Representatives of the Estate of Esther Nzisa Mutindi - Deceased)

Njagi & another v Njogu & another (Suing as the Legal Representatives of the Estate of Esther Nzisa Mutindi - Deceased) [2025] KEHC 7744 (KLR)

Court

High Court

Case number

Civil Appeal E042 of 2021

Judge

JK Ng'arng'ar

The High Court found that the trial court erred in applying the multiplier approach for loss of dependency in the absence of concrete evidence of the deceased's income. Instead, the global sum approach was more appropriate, considering the deceased's age, the fact that she was survived by a husband and child, and comparable awards in similar cases. The court set aside the trial court's award for loss of dependency and substituted it with a global sum of Kshs.2,500,000. The awards under the Law Reform Act and for special damages were not contested and were upheld. Each party was ordered to bea…

Source excerpt

• Fatal Accidents
• Quantum Of Damages
• Loss Of Dependency
• Assessment Of Damages
• Appeals On Quantum

Warutere v Muthama

Warutere v Muthama [2025] KEHC 7837 (KLR)

Court

High Court

Case number

Civil Appeal E045 of 2024

Judge

JK Ng'arng'ar

The High Court dismissed an appeal against a damages award arising from a road traffic accident, holding that the trial court’s assessment was reasonable.

• Personal Injury
• Assessment Of Damages
• Appeals On Quantum
• Road Traffic Accidents
• Road-traffic-accident
• Personal-injury

Kosgei v Okwara

Kosgei v Okwara [2025] KEHC 5895 (KLR)

Court

High Court

Case number

Civil Appeal E013 of 2024

Judge

A Mabeya

High Court appeal over a road traffic accident partially succeeded on liability. The court apportioned liability 80:20 and upheld the Kshs.800,000 damages award.

• Road Traffic Accidents
• Apportionment Of Liability
• Assessment Of Damages
• Personal Injury
• Appeals On Quantum
• Negligence

Onyango & another v Nyaikamba

Onyango & another v Nyaikamba [2025] KEHC 6154 (KLR)

Court

High Court

Case number

Civil Appeal E1095 of 2023

Judge

JM Nang'ea

The High Court found that the trial court's award of general damages was not inordinately high and was consistent with comparable awards for similar soft tissue injuries. The appellate court reiterated that its jurisdiction was limited to matters of law and that it could only interfere with the trial court's assessment of damages if it was shown that the court applied wrong principles, considered irrelevant factors, or disregarded relevant ones. Upon review of the injuries, medical evidence, and comparable case law, the court concluded that the trial court's award was within the accepted rang…

Source excerpt

• Personal Injury
• Assessment Of Damages
• Appeals On Quantum
• Road Traffic Accidents

Nyaga v Kingori & another

Nyaga v Kingori & another [2025] KEHC 5499 (KLR)

Court

High Court

Case number

Civil Appeal 191 of 2022

Judge

PN Gichohi

High Court dismissed an appeal challenging a personal injury damages award, finding the trial court’s Kshs. 300,000 general damages was within range for similar injuries.

• Personal Injury
• Assessment Of Damages
• Apportionment Of Liability
• Appeals On Quantum
• Personal-injury
• Assessment-of-damages

Khetia Drapers Limited v Ngomere

Khetia Drapers Limited v Ngomere [2025] KEHC 5549 (KLR)

Court

High Court

Case number

Civil Appeal 78 of 2022

Judge

SC Chirchir

The High Court upheld a Kshs. 350,000 general damages award for serious soft tissue injuries and dismissed the appeal, finding no basis to interfere with quantum.

• Assessment Of Damages
• Personal Injury
• Apportionment Of Liability
• Appeals On Quantum
• Personal-injury
• Assessment-of-damages

Kabeste Restaurant Limited v Mutie & another (Suing as the Administrator of the Estate of Johstone Makili Munyao))

Kabeste Restaurant Limited v Mutie & another (Suing as the Administrator of the Estate of Johstone Makili Munyao)) [2025] KEHC 9410 (KLR)

Court

High Court

Case number

Civil Appeal E008 of 2022

Judge

TM Matheka

The High Court upheld a Kshs. 2.75 million award in a fatal drowning claim, rejecting the appeal on quantum, special damages, and double compensation.

• Fatal Accidents Act
• Law Reform Act
• Assessment Of Damages
• Loss Of Dependency
• Special Damages
• Appeals On Quantum

Nyende v Mwenda & another

Nyende v Mwenda & another [2025] KEHC 2272 (KLR)

Court

High Court

Case number

Civil Appeal E361 of 2023

Judge

J Ngaah

The High Court allowed a cross-appeal, found no proof of negligence against the respondents, and dismissed the suit after setting aside the trial court’s liability finding.

• Road Traffic Accidents
• Apportionment Of Liability
• Assessment Of Damages
• Appeals On Quantum
• Road-traffic-accidents
• Apportionment-of-liability