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.
Upon re-evaluating the evidence, the High Court found that the 2nd Appellant admitted to striking the Respondent from behind while he was cycling ahead on a designated lane, and the police confirmed the Respondent was visible and had the right of way. The trial court's apportionment of liability was unsupported by the evidence, as there was no basis for attributing any fault to the Respondent in a rear-end collision. The Appellants failed to exercise reasonable care to avoid colliding with a vulnerable road user. The High Court therefore set aside the apportionment and held the Appellants 100…
Muriithi & another v Mburugu [2025] KEHC 9891 (KLR)
Court
High Court
Case number
Civil Appeal E045 of 2024
Judge
SM Githinji
High Court appeal on personal injury damages: general damages were reduced from Ksh. 1,200,000 to Ksh. 700,000, while future medical expenses were upheld.
High Court appeal on personal injury quantum partly succeeded. The court upheld general damages but added Kshs. 500,000 for future earnings and Kshs. 300,000 for future medical expenses.
The High Court dismissed an appeal challenging damages arising from a road traffic accident, upholding the trial award for general and future medical expenses.
The High Court partly allowed a personal injury appeal, reducing general damages from Kshs. 2,000,000 to Kshs. 1,400,000 but upholding Kshs. 80,000 for future medical expenses.
High Court appeal from a road traffic injury claim: liability was upheld against the appellants, while damages were reworked on appeal and cross-appeal.
Nabwoba v Ronak Agrovet Limited [2025] KEHC 8236 (KLR)
Court
High Court
Case number
Civil Appeal E127 of 2024
Judge
S Mbungi
The High Court found that the appellant had specifically pleaded and proved the need for future medical expenses through credible expert testimony and documentary evidence. The trial magistrate erred by failing to address and award the claim for future medical expenses, despite clear pleadings and uncontroverted evidence. The appellate court held that, in accordance with binding Court of Appeal authority, future medical expenses are awardable when sufficiently demonstrated by expert evidence, even without receipts. The omission by the trial court constituted an error in law and fact, warranti…
Mbatia & another v Maina alias Boniface Karanja Maina alias Boniface Mwangi Maina alias Boniface Mwangi [2025] KEHC 8265 (KLR)
Court
High Court
Case number
Civil Appeal E034 of 2023
Judge
DKN Magare
High Court appeal on personal injury damages partly allowed: general damages were reduced, while awards for prosthesis and diminished earning capacity were upheld.
Ondieki v Zaira Tours & Travel Limited & another [2025] KEHC 7548 (KLR)
Court
High Court
Case number
Civil Appeal E144 of 2024
Judge
BM Musyoki
The High Court found that the trial magistrate correctly evaluated the evidence regarding the appellant's injuries. The discharge summary from JOOTRH, the only hospital where the appellant was treated immediately after the accident, showed no rib fractures and indicated only mild head injury and soft tissue injuries. The court held that expert evidence from the appellant's witnesses, which claimed rib fractures, was not credible as it was not supported by contemporaneous medical records or X-ray evidence. The court reaffirmed that expert medical opinion is not binding and must be weighed agai…