Kenya Case Law

Manji Food Industries Limited v Karimba & 2 others (As the Legal Representatives of the Estate of Tarsisio Kimathi Karimba - Deceased)

Manji Food Industries Limited v Karimba & 2 others (As the Legal Representatives of the Estate of Tarsisio Kimathi Karimba - Deceased) [2025] KEHC 7739 (KLR)

Court

High Court

Case number

Civil Appeal E017 of 2024

Judge

JK Ng'arng'ar

The High Court upheld a 50:50 liability split in a fatal road traffic appeal and declined to disturb the trial court’s use of an 11-year multiplier.

• Negligence Road Traffic
• Apportionment Of Liability
• Assessment Of Damages
• Fatal Accidents Dependants
• Multiplier Method
• Burden Of Proof

Manji Food Industries Limited v Karimba & 2 others (As the Legal Representatives of the Estate of Consolata Kanyua Kimathi - Deceased)

Manji Food Industries Limited v Karimba & 2 others (As the Legal Representatives of the Estate of Consolata Kanyua Kimathi - Deceased) [2025] KEHC 7760 (KLR)

Court

High Court

Case number

Civil Appeal E018 of 2024

Judge

JK Ng'arng'ar

High Court appeal over a road traffic fatal accident was dismissed. The court upheld 50:50 liability and a Kshs. 6 million global award for loss of dependency.

• Negligence Road Traffic
• Apportionment Of Liability
• Assessment Of Damages
• Fatal Accidents
• Burden Of Proof
• Road-traffic-negligence

Dhiraj Manji v Tyson Ouma

Dhiraj Manji v Tyson Ouma [2021] KEHC 7409 (KLR)

Court

High Court

Case number

Civil Appeal 115 of 2018

Judge

AM Githinji

The High Court found that the issue of liability had been settled by consent between the parties at 80%:20% in favour of the respondent, and the trial court was correct in adopting this apportionment. The court declined to disturb the consent on liability. On the issue of quantum, the court held that the trial court erred in awarding Kshs. 1,200,000 as general damages for injuries allegedly including a fracture, as there was insufficient medical evidence to prove the existence of a fracture. The only proven injuries were soft tissue injuries (bruises on the right hand). The court cited compar…

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• Negligence Road Traffic
• Apportionment Of Liability
• Assessment Of Damages
• Appeals Standard Of Review

Felistas Njeri Muiru & Andrew Gichuhi Muiru (Both suing as the personal legal representatives of the estate of Michael Muhika Muiru (Deceased) v Said Mohamed Mustaf & Joaeph Warungu Mwangi

Felistas Njeri Muiru & Andrew Gichuhi Muiru (Both suing as the personal legal representatives of the estate of Michael Muhika Muiru (Deceased) v Said Mohamed Mustaf & Joaeph Warungu Mwangi [2020] KEHC 9025 (KLR)

Court

High Court

Case number

Civil Appeal 24 of 2018

Judge

CM Kariuki

The High Court found that the trial magistrate erred in holding the deceased solely liable for the accident. The evidence from the only surviving eyewitness (PW2) and the bus driver (DW1) was conflicting, and the police officer's (PW4) testimony was based on post-accident investigation rather than direct observation. The court noted the unreliability of the speed gun evidence and the absence of a sketch plan to clarify the point of impact. In such circumstances, where the accounts of both drivers are equally doubtful and there is no clear evidence as to who was solely responsible, the law per…

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• Negligence Road Traffic
• Apportionment Of Liability
• Burden Of Proof
• Fatal Accidents
• Evidence Evaluation

Mary Wanjiru Maina (Suing as Administrator Ad Litem of the Estate of the Late Jane Wanjiru Maina v Lilian W. Macharia & another

Mary Wanjiru Maina (Suing as Administrator Ad Litem of the Estate of the Late Jane Wanjiru Maina v Lilian W. Macharia & another [2019] KEHC 3472 (KLR)

Court

High Court

Case number

Civil Suit 45 of 2015

Judge

GV Odunga

The High Court held the defendants liable for a fatal road accident, found the 1st defendant vicariously liable, and awarded Kshs 3,006,545 plus costs and interest.

• Fatal Accidents Act
• Law Reform Act
• Vicarious Liability
• Negligence Road Traffic
• Quantum Of Damages
• Dependency Ratio

EWO (suing as the next friend of a minor COW) v Chairman Board of Governors-Agoro Yombe Secondary School

EWO (suing as the next friend of a minor COW) v Chairman Board of Governors-Agoro Yombe Secondary School [2018] KEHC 125 (KLR)

Court

High Court

Case number

Civil Appeal 8 of 2017

The High Court found that the trial magistrate erred in dismissing the suit for lack of direct eyewitness evidence. The court held that the appellant had discharged the burden of proof on a balance of probabilities through documentary evidence, the police abstract, and the respondent's own admissions. The respondent's driver admitted seeing children playing near the road and did not take adequate precautions, such as stopping or slowing down, despite the foreseeable risk. The court applied the doctrine of res ipsa loquitur, finding that the circumstances pointed to negligence on the part of t…

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• Negligence Road Traffic
• Duty Of Care
• Burden Of Proof
• Contributory Negligence
• Liability Of Minors
• Quantum Of Damages

Moses Akumba & Leonard Mwalimu Mweru v Hellen Karisa Thoya

Moses Akumba & Leonard Mwalimu Mweru v Hellen Karisa Thoya [2017] KEHC 737 (KLR)

Court

High Court

Case number

Civil Appeal 17 & 18 of 2015

The High Court upheld liability at 100% against the appellants in a road traffic appeal, but adjusted the dependency award and funeral expenses.

• Negligence Road Traffic
• Assessment Of Damages
• Loss Of Dependency
• Loss Of Expectation Of Life
• Funeral Expenses
• Appeals On Quantum

Paul Kuria Wamae v Caroline Muthoni Kabae

Paul Kuria Wamae v Caroline Muthoni Kabae [2015] KEHC 3810 (KLR)

Court

High Court

Case number

Civil Appeal 74 of 2013

Judge

DW Mbuteti

The High Court allowed a road traffic appeal, finding that being hit from behind was prima facie evidence of negligence and that the respondent failed to rebut it.

• Negligence Road Traffic
• Burden Of Proof
• Assessment Of Damages
• Appeals On Liability
• Negligence
• Road-traffic-accident