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Kenya Case Law

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Civil procedure [2026] KEHC 13436 (KLR)

Emilly Uside v West Kenya Sugar

The High Court increased general damages for serious facial and orbital injuries from Kshs. 800,000 to Kshs. 2,000,000, while affirming liability and special damages.

  • Road traffic accident
  • Quantum of damages
  • Appellate interference with damages
  • Limitation of actions
  • Amendment of pleadings
  • Liability for negligence
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Civil litigation [2026] KEHC 13379 (KLR)

Afedha v Kariuki

The High Court dismissed an appeal against a Kshs. 300,000 personal injury award, holding the magistrate properly assessed the medical evidence and damages.

  • Quantum of damages
  • Road traffic accident
  • Assessment of injuries
  • Appellate interference with damages
  • Fracture and soft tissue injuries
  • Personal-injury
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Civil procedure [2026] KEHC 13372 (KLR)

Katanu Kalisa v Gaswara Traders Ltd & another

The High Court enhanced general damages from Kshs. 600,000 to Kshs. 1,200,000 after finding the trial award too low for the appellant’s fractures, dislocations and 10% incapacity.

  • Quantum of damages
  • Appellate interference with awards
  • Road traffic accident
  • Assessment of general damages
  • Inflation and currency depreciation
  • Permanent disability
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Civil procedure [2026] KEMC 815 (KLR)

Oketch v Akida & another

Oketch v Akida & another (Civil Case E1185 of 2024) [2026] KEMC 815 (KLR) (27 August 2026) (Judgment)

The Plaintiff proved, on a balance of probabilities, that KCY 450M was involved in the accident, that the 2nd Defendant negligently failed to maintain proper lookout and sufficient clearance while overtaking a stalled vehicle being pushed on the road, and that this caused the Plaintiff’s right tibial fracture and right-foot injury. No contributory negligence was established. General damages were assessed at KShs. 550,000 using comparable awards, and special damages of KShs. 12,065 were strictly proved.

  • Negligence
  • Contributory negligence
  • Proof of liability
  • General damages
  • Special damages
  • Tibial fracture
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Personal injury [2026] KEMC 528 (KLR)

Karanga v Cropchem East Africa Ltd

Karanga v Cropchem East Africa Ltd (Civil Case E001 of 2026) [2026] KEMC 528 (KLR) (11 August 2026) (Judgment)

The court held that the Plaintiff proved soft tissue injuries complicated by a traumatic umbilical hernia, justifying Kshs. 650,000/= general damages; her future medical expense of Kshs. 30,000/= was specifically pleaded and medically supported; loss of income failed for want of documentary proof; and special damages were only partially proved, resulting in a proved sum of Kshs. 11,670/=. After applying the 90:10 consent on liability, judgment issued at Kshs. 622,503/= in favor of the Plaintiff.

  • Road traffic accident
  • General damages
  • Future medical expenses
  • Loss of income
  • Special damages
  • Contributory negligence
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Civil litigation [2026] KEMC 425 (KLR)

Macharia v Kerengo & another

Macharia v Kerengo & another (Civil Case E497 of 2024) [2026] KEMC 425 (KLR) (4 August 2026) (Judgment)

The plaintiff failed to prove the pleaded particulars of negligence against the defendants on a balance of probabilities. The court found no evidence establishing fault on the part of the 1st defendant, and the mere occurrence of the collision was insufficient to found liability. The claim was therefore dismissed with costs to the defendants.

  • Negligence
  • Liability apportionment
  • Burden of proof
  • General damages
  • Special damages
  • Road traffic accident
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Civil procedure [2026] KECA 1610 (KLR)

JKN (A minor suing through next friend and mother DWN) & another v Chege & another

JKN (A minor suing through next friend and mother DWN) & another v Chege & another (Civil Appeal 335 of 2019) [2026] KECA 1610 (KLR) (31 July 2026) (Judgment)

The Court of Appeal held that the High Court properly evaluated the evidence and applied the correct principles on appellate interference with damages, and the reduction of general damages from Kshs. 800,000 to Kshs. 500,000 was justified because the trial award was manifestly high in light of the injuries and comparable authorities.

  • Quantum of damages
  • Interference with award of damages
  • Road traffic accident
  • Minor plaintiff
  • Second appeal limited to matters of law
  • Assessment of general damages
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Personal injury [2026] KEMC 469 (KLR)

Mbuvu v Boss Freight Terminal Limited

Mbuvu v Boss Freight Terminal Limited (Civil Case E1908 of 2024) [2026] KEMC 469 (KLR) (30 July 2026) (Judgment)

The Plaintiff proved on a balance of probabilities that the Defendant's driver negligently caused the accident, while the Defendant produced no evidence to sustain contributory negligence. The medical evidence from both doctors substantially corroborated the serious pelvic, femoral, bladder, and urethral injuries and permanent residual disability. Applying comparable authorities, the court awarded fair general damages, proved special damages, future medical expenses, medical report costs, and a global award for loss of earning capacity.

  • Road traffic accident
  • Negligence
  • Contributory negligence
  • Proof of special damages
  • General damages
  • Future medical expenses
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Torts [2026] KEMC 484 (KLR)

Wira v Rentworks East Africa Limited & 2 others

Wira v Rentworks East Africa Limited & 2 others (Civil Case E661 of 2025) [2026] KEMC 484 (KLR) (30 July 2026) (Judgment)

The Plaintiff proved serious but not catastrophic spinal and soft tissue injuries, warranting Kshs. 1,300,000 general damages; although documentary proof of income was absent, the evidence supported a global award of Kshs. 350,000 for diminished earning capacity; future medical expenses of Kshs. 110,000 were specifically pleaded and medically supported; and special damages of Kshs. 77,800 were proved. After deducting 20% contributory negligence, the net award was Kshs. 1,470,240.

  • Road traffic accident
  • Contributory negligence
  • General damages
  • Diminished earning capacity
  • Future medical expenses
  • Special damages
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Civil liability [2026] KEMC 387 (KLR)

Edward v Macharia & another

Edward v Macharia & another (Civil Case 969 of 2019) [2026] KEMC 387 (KLR) (28 July 2026) (Judgment)

The defendants adduced no evidence to rebut the plaintiff’s account, so liability was proved on a balance of probabilities and fixed at 100% against the defendants. The plaintiff proved the pleaded injuries and special damages through oral and documentary evidence. Applying comparable awards and allowing for inflation, the court awarded general damages, proved special damages, and future medical expenses.

  • Road traffic accident
  • Negligence
  • Burden of proof
  • Uncontroverted evidence
  • Assessment of damages
  • Special damages
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.