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.
The High Court dismissed an appeal against a Kshs. 300,000 personal injury award, holding the magistrate properly assessed the medical evidence and damages.
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.
Oketch v Akida & another (Civil Case E1185 of 2024) [2026] KEMC 815 (KLR) (27 August 2026) (Judgment)
Court
Magistrate's Court
Case number
Civil Case E1185 of 2024
Judge
["EM Mwamuye"]
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.
Karanga v Cropchem East Africa Ltd (Civil Case E001 of 2026) [2026] KEMC 528 (KLR) (11 August 2026) (Judgment)
Court
Magistrate's Court
Case number
Civil Case E001 of 2026
Judge
["PE Nabwana"]
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.
Macharia v Kerengo & another (Civil Case E497 of 2024) [2026] KEMC 425 (KLR) (4 August 2026) (Judgment)
Court
Magistrate's Court
Case number
Civil Case E497 of 2024
Judge
["PA Ndege"]
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.
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)
Court
Court of Appeal
Case number
Civil Appeal 335 of 2019
Judge
["J Mohammed", "M Ngugi", "F Tuiyott"]
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.
Mbuvu v Boss Freight Terminal Limited (Civil Case E1908 of 2024) [2026] KEMC 469 (KLR) (30 July 2026) (Judgment)
Court
Magistrate's Court
Case number
Civil Case E1908 of 2024
Judge
["EM Mwamuye"]
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.
Wira v Rentworks East Africa Limited & 2 others (Civil Case E661 of 2025) [2026] KEMC 484 (KLR) (30 July 2026) (Judgment)
Court
Magistrate's Court
Case number
Civil Case E661 of 2025
Judge
["EM Mwamuye"]
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.
Edward v Macharia & another (Civil Case 969 of 2019) [2026] KEMC 387 (KLR) (28 July 2026) (Judgment)
Court
Magistrate's Court
Case number
Civil Case 969 of 2019
Judge
["PA Ndege"]
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.