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Kenya decisions
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Kipchumba v Esata [2025] KEHC 10635 (KLR)
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.
Aoko v Odero [2025] KEHC 10278 (KLR)
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.
Rai Cement Limited & another v Kiplang’at [2025] KEHC 10312 (KLR)
High Court appeal in a road accident injury claim: general damages were upheld, future medical expenses reduced, and loss of future earnings set aside for lack of proof.
Kala & another v Huka [2025] KEHC 10537 (KLR)
The High Court found that the trial Magistrate erred by failing to consider the defence medical report by Dr. John Macharia, which was produced by consent and provided a materially different assessment of the injuries and permanent disability. The court determined that the trial court's omission to reference or weigh this evidence, as well as the Appellants' submissions, amounted to a denial of fairness and led to an excessive award of damages. Upon independent evaluation of the medical evidence and treatment records, the appellate court concluded that the Respondent suffered less severe inju…
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Oyoo v Huka [2025] KEHC 10589 (KLR)
High Court appeal on personal injury damages allowed. The court found the trial magistrate failed to consider a defence medical report and reduced general damages from Ksh. 2,000,000 to Ksh. 800,000.
Barasa v Mutisya (Suing through Father and Next Friend James Mutisya Wambua) [2025] KEHC 10296 (KLR)
High Court partly allowed an appeal against personal injury damages, finding the trial award excessive and reducing general damages from Ksh. 1,200,000 to Ksh. 400,000.
Mwangi v Mutu [2025] KEHC 10687 (KLR)
The High Court dismissed a civil appeal, upholding liability and a Kshs. 500,000 general damages award for assault-related injuries.
Mwangi aka Joseph Mwangi Mwati & 2 others v Njuguna Gitau aka Henry Njuguna [2025] KEHC 10654 (KLR)
The High Court upheld a Kshs. 1.5 million award for pain and suffering in a personal injury appeal, finding no basis to interfere with the trial court’s discretion.
Wambe Merchants Limited & 2 others v Gathoni [2025] KEHC 10659 (KLR)
High Court upholds liability and damages in a road traffic injury appeal, finding the trial court properly assessed eyewitness evidence, future medical expenses, and loss of earnings.
Muchiri & another v Mogere aka Michael Ongete Mogere [2025] KEHC 10619 (KLR)
The High Court reduced a personal injury general damages award from Kshs. 1,800,000 to Kshs. 700,000, finding the trial court relied on more severe comparable cases.
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