Kenya Case Law

Last Mile Carrier Limited v Kimanzi & another

Last Mile Carrier Limited v Kimanzi & another [2025] KEHC 9999 (KLR)

Court

High Court

Case number

Civil Appeal 133 of 2024

Judge

RC Rutto

The High Court held that most grounds of appeal raised by the appellant were matters of fact, which are not appealable from the Small Claims Court under Section 38 of the Small Claims Act. Only grounds relating to the legal sufficiency of proof for special damages and the legal characterization of loss of user were considered. The court found that the trial court properly relied on the assessment report and receipts to award special damages, as supported by binding Court of Appeal authority. On loss of user, the court held that such claims can be awarded as general damages where the vehicle i…

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• Motor Vehicle Accidents
• Special Damages
• Loss Of User
• Vicarious Liability

Equity Bank (K) Limited v Wambua & 2 others

Equity Bank (K) Limited v Wambua & 2 others [2025] KEHC 10005 (KLR)

Court

High Court

Case number

Civil Appeal 247 of 2023

Judge

RC Rutto

The court found that the appellant, Equity Bank (Kenya) Limited, was merely a financier of the subject motor vehicle and had no possession, control, or operational responsibility over it at the time of the accident. The court noted that the facts and legal issues in this appeal were identical to those in Machakos HCCA No. 246 of 2023, where it was held that a financier cannot be held liable for an accident involving the financed vehicle. In the interest of judicial consistency and coherence, the court adopted the reasoning and holding of the earlier decision, setting aside the trial court's f…

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• Vicarious Liability
• Motor Vehicle Accidents
• Apportionment Of Liability

Detco Limited v Muriungi

Detco Limited v Muriungi [2025] KEHC 9701 (KLR)

Court

High Court

Case number

Civil Appeal E135 of 2024

Judge

SM Githinji

The High Court found that both drivers were at fault for the accident, with the appellant's driver failing to exercise due care to avoid the open door and the respondent's driver negligently opening the door without ensuring it was safe. The trial court's apportionment of liability at 85:15 was upheld as a proper exercise of discretion based on the contradictory evidence. The award of Ksh. 150,730 was justified as it was specifically pleaded, strictly proved, and did not exceed the amount paid by the insurer, thus complying with the doctrine of subrogation. The court also held that the absenc…

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• Apportionment Of Liability
• Subrogation
• Motor Vehicle Accidents
• Procedural Technicalities

Gatutha v Directline Assurance Company Limited

Gatutha v Directline Assurance Company Limited [2025] KEHC 9398 (KLR)

Court

High Court

Case number

Civil Case E013 of 2024

Judge

GL Nzioka

The High Court held that the insurer was bound to satisfy judgments arising from a covered accident and to provide legal representation, but not to bar execution by judgment creditors.

• Insurance Contracts
• Indemnity Liability
• Motor Vehicle Accidents
• Judgment Enforcement
• Insurance-contracts
• Indemnity-liability

Mutiso v Musili

Mutiso v Musili [2025] KEHC 9488 (KLR)

Court

High Court

Case number

Civil Appeal E229 of 2023

Judge

EN Maina

The High Court found that the appellant, as a fare-paying passenger, provided credible and uncontroverted evidence that the accident was caused by the respondent's excessive speed, resulting in the vehicle overturning after being hit from the rear. The trial magistrate erred in dismissing the claim solely because the appellant testified that another vehicle hit them, as the appellant's evidence still attributed the accident to the respondent's negligent driving. The respondent did not call any witnesses or adduce evidence to rebut the appellant's case or to prove negligence by a third party.…

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• Negligence
• Motor Vehicle Accidents
• Burden Of Proof
• Vicarious Liability

Mwagamoyo v Khamala & another

Mwagamoyo v Khamala & another [2025] KEHC 8591 (KLR)

Court

High Court

Case number

Civil Appeal E035 of 2024

Judge

DKN Magare

The High Court dismissed a civil appeal over a road traffic claim, upholding vicarious liability where the driver was authorised to take the vehicle for repairs.

• Vicarious Liability
• Motor Vehicle Accidents
• Apportionment Of Liability
• Judicial Discretion
• Vicarious-liability
• Motor-vehicle-accidents

Anchinga v Ndiangui

Anchinga v Ndiangui [2025] KEHC 10136 (KLR)

Court

High Court

Case number

Civil Appeal E128 of 2024

Judge

GL Nzioka

The High Court held the appeal was filed within time under section 79G, dismissed the preliminary objection, and directed that the stay application proceed.

• Appeals From Subordinate Courts
• Stay Of Execution
• Limitation Periods
• Motor Vehicle Accidents
• Civil-procedure
• Stay-of-execution

Mogo Auto Limited v Kariuki & another

Mogo Auto Limited v Kariuki & another [2025] KEHC 7982 (KLR)

Court

High Court

Case number

Civil Appeal E1343 of 2024

Judge

AC Mrima

The High Court allowed an appeal, holding that a financier registered as owner of a motorcycle is not vicariously liable without evidence of a further relationship or control.

• Vicarious Liability
• Motor Vehicle Accidents
• Financier Liability
• Subrogation
• Vicarious-liability
• Motor-vehicle-accidents

Wahome v Kuria

Wahome v Kuria [2025] KEHC 7842 (KLR)

Court

High Court

Case number

Civil Appeal E1138 of 2023

Judge

WM Musyoka

The court found that although the appellant submitted various documents purporting to support his claim for special damages, there were inconsistencies and authenticity concerns, particularly regarding a fiscal receipt for Kshs. 240,000.00 issued before the date of the alleged accident. The court held that these discrepancies undermined the credibility of the evidence, and thus the appellant failed to strictly prove his claim for special damages as required by law. The trial court was therefore correct in dismissing the claim for special damages. On costs, the court held that since the appell…

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• Material Damage
• Special Damages
• Motor Vehicle Accidents
• Burden Of Proof

Macharia & another v Ngundo

Macharia & another v Ngundo [2025] KEHC 7188 (KLR)

Court

High Court

Case number

Civil Appeal E015 of 2024

Judge

JN Kamau

High Court appeal on loss of user from a motor vehicle accident. The court set aside the trial dismissal and awarded Kshs 430,550 plus interest.

• Loss Of User
• Proof Of Special Damages
• Burden Of Proof
• Motor Vehicle Accidents
• Loss-of-user
• Motor-vehicle-accidents