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 Court appeal on quantum dismissed after finding no basis to disturb the trial court’s Kshs. 2,000,000 general damages and future medical expenses award.
Marboro Express Limited v Maragwa & another (Suing as the Legal Representatives of the Estate of Evans Nyambane Amoro (Deceased)) [2025] KEHC 10157 (KLR)
Court
High Court
Case number
Civil Appeal E031 of 2021
Judge
JK Ng'arng'ar
The High Court found that the evidence on the circumstances of the accident was conflicting and inconclusive, with the only eyewitnesses (PW2 and DW2) giving opposing accounts. In such cases, established legal authority supports an equal apportionment of liability. The trial court's 50:50 apportionment was therefore upheld. Regarding quantum, the court determined that the trial court's use of a multiplicand of Kshs 10,000 for loss of dependency was not supported by documentary evidence of income. Applying the global sum approach, the High Court reduced the award for loss of dependency from Ks…
Msafiri v Wangui & another (Suing as and on behalf of the Dependents of the Estate of Lawrence Njenga Warito - Deceased) [2025] KEHC 9137 (KLR)
Court
High Court
Case number
Civil Appeal E1066 of 2023
Judge
AN Ongeri
The High Court found that the trial court's award of Kshs. 2,500,000 for loss of dependency was justified and consistent with judicial precedent for deceased persons of similar age, even where earnings and dependency are not strictly proved. The court held that parents and siblings may qualify as dependents if there is evidence of support, and that the trial court properly relied on comparable cases in making its assessment. The appellate court emphasized that it will only interfere with an award of damages if the trial court acted on wrong principles, misapprehended the evidence, or made an…
Katimi v County Government of Kakamega [2025] KEHC 9240 (KLR)
Court
High Court
Case number
Civil Appeal 132 of 2024
Judge
S Mbungi
The High Court found that the trial court was faced with conflicting testimonies from the parties and no independent or corroborative evidence, such as a sketch plan or photographs, to objectively determine fault for the accident. The police abstract produced did not establish how the accident occurred, and the investigating officer's testimony was unsupported by documentary evidence. In such circumstances, established legal principles dictate that where evidence is inconclusive or contradictory, liability should be apportioned equally. The trial magistrate's decision to apportion liability a…
Kisenge v China Communications Construction Company Limited [2025] KEELRC 1917 (KLR)
Court
Employment and Labour Relations Court
Case number
Miscellaneous Application E214 of 2023
Judge
DKN Marete
The Court found that while the Applicant was initially awarded compensation by DOSH for a workplace injury, the statutory authority subsequently revised the assessment of permanent incapacity from 20% to 0%. The Respondent did not challenge the initial assessment within the statutory period, which would ordinarily render the award final. However, the revision by DOSH, the body mandated to assess and revise such claims under WIBA, superseded the initial award. The Court held that it must recognize the revised assessment as the authoritative determination, and it lacks jurisdiction to enforce a…
The High Court dismissed a civil appeal for failure to include the trial judgment and proceedings in the record of appeal, making appellate review impossible.
The Court of Appeal dismissed a second appeal on quantum, holding that the concurrent awards for personal injuries were based on proper principles and evidence.