Kenya Case Law

Gitahi v Sportlight Publicshers East Africa Limited

Gitahi v Sportlight Publicshers East Africa Limited [2025] KEHC 9167 (KLR)

Court

High Court

Case number

Civil Appeal E1436 of 2023

Judge

AN Ongeri

The court held that the appeal raised points of law, as the trial court misapplied legal principles in apportioning liability and assessing damages. The trial court erred in apportioning liability at 80:20, as the respondent's driver, having rear-ended the appellant's vehicle, was presumed negligent and failed to rebut this presumption. The apportionment was set aside, and the respondent was held 100% liable. On loss of earnings, the court found that while the appellant lacked formal income records, the evidence supported a reasonable estimate based on the minimum wage for drivers, but limite…

Source excerpt

• Negligence Motor Vehicle Accident
• Apportionment Of Liability
• Loss Of Earnings
• Special Damages
• Appeals On Points Of Law

Ananda Marga Universal Relief Team (AMURT) & another v Karanha

Ananda Marga Universal Relief Team (AMURT) & another v Karanha [2025] KEHC 9159 (KLR)

Court

High Court

Case number

Civil Appeal E310 of 2024

Judge

AN Ongeri

The High Court dismissed a dental negligence appeal, upholding liability and a Kshs. 600,000 damages award after finding breach of duty and proved injury.

• Medical Negligence
• Duty Of Care
• Assessment Of Damages
• Standard Of Care
• Personal Injury
• Loss Of Earnings

Makena & 2 others v Ntiinyari

Makena & 2 others v Ntiinyari [2025] KEHC 7810 (KLR)

Court

High Court

Case number

Civil Appeal E156 of 2023

Judge

SM Githinji

The High Court found that the respondent's evidence on the cause of the accident was uncontroverted and corroborated by the police officer, justifying the apportionment of liability at 100% against the appellants. The respondent's testimony and medical evidence established that she suffered a 60% permanent disability, rendering her unable to work and justifying the award for loss of future earnings. The future medical expenses were supported by expert medical opinion and were specifically pleaded and proved to a reasonable estimate. The trial court applied the correct legal principles in asse…

Source excerpt

• Personal Injury
• Road Traffic Accidents
• Assessment Of Damages
• Loss Of Earnings
• Future Medical Expenses

Njenga & 2 others v Kemboi

Njenga & 2 others v Kemboi [2025] KEHC 6540 (KLR)

Court

High Court

Case number

Civil Appeal E258 of 2023

Judge

SM Mohochi

High Court civil appeal over personal injury damages from a road accident. The court upheld general damages, loss of earnings, and future medical costs, but reduced special damages to the proved amount.

• Personal Injury
• Assessment Of Damages
• Road Traffic Accidents
• Quantum Of Damages
• Special Damages
• Loss Of Earnings

Ouru Superstores Limited v Unilever Tea Kenya Ltd & another

Ouru Superstores Limited v Unilever Tea Kenya Ltd & another [2025] KEHC 6706 (KLR)

Court

High Court

Case number

Civil Appeal E049 of 2023

Judge

DKN Magare

High Court appeal on quantum only. The court upheld the trial award, finding the appellant failed to strictly prove special damages and loss of earnings.

• Quantum Of Damages
• Special Damages
• Loss Of Earnings
• Burden Of Proof
• Special-damages
• Loss-of-earnings

Namukika Sacco Society Limited v Manyeki

Namukika Sacco Society Limited v Manyeki [2025] KEHC 2656 (KLR)

Court

High Court

Case number

Civil Appeal E044 of 2021

Judge

CW Githua

High Court appeal over loss of earnings from a detained commercial vehicle dismissed. The court upheld a Kshs 1,008,000 award and found the claim was proved as special damages.

• Loss Of Earnings
• Special Damages
• Commercial Vehicle Disputes
• Mitigation Of Loss
• Loss-of-earnings
• Special-damages

Kathambi v Mwirichia & another

Kathambi v Mwirichia & another [2024] KEHC 15482 (KLR)

Court

High Court

Case number

Civil Appeal E093 of 2023

Judge

CJ Kendagor

The court found that the trial magistrate's award of Kshs.900,000/= for pain and suffering was reasonable and commensurate with the appellant's injuries, which included fractures and a 20% permanent incapacity. The court relied on comparable recent decisions and emphasized the need for consistency in awards for similar injuries. The appellant's claims for loss of earning capacity and loss of earnings were dismissed due to lack of sufficient evidence, as neither the medical report nor employment records established a basis for such awards. The appeal was therefore dismissed in its entirety, wi…

Source excerpt

• Personal Injury
• Quantum Of Damages
• Loss Of Earning Capacity
• Loss Of Earnings

Mwangi v Trivedy & another

Mwangi v Trivedy & another [2024] KEHC 14737 (KLR)

Court

High Court

Case number

Civil Case E181 of 2021

Judge

CW Meoli

The High Court dismissed an application to amend a plaint to add special damages and loss of earnings, finding undue delay, lack of good faith, and prejudice.

• Amendment Of Pleadings
• Medical Negligence
• Special Damages
• Loss Of Earnings
• Amendment-of-pleadings
• Medical-negligence

Macharia & another v Linkana Route 114/115 Matatu Sacco Limited

Macharia & another v Linkana Route 114/115 Matatu Sacco Limited [2024] KECPT 894 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 502 of 2017

Judges

J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Cooperative Tribunal dismissed a claim for loss of earnings after finding the claimants caused the detention of their vehicles by disobeying lawful orders.

• Causation Of Loss
• Unlawful Detention Of Property
• Loss Of Earnings
• Causation
• Loss-of-earnings
• Unlawful-detention-of-property

Karanja v Kahuri & another

Karanja v Kahuri & another [2024] KEHC 4851 (KLR)

Court

High Court

Case number

Civil Appeal E744 of 2022

Judge

AN Ongeri

The High Court held the trial award for fractures and loss of earnings was too low, enhanced general damages, and entered judgment after 25% contributory negligence.

• Road Traffic Accidents
• Assessment Of Damages
• Loss Of Earnings
• Contributory Negligence
• Road-traffic-accidents
• Assessment-of-damages