Kenya Case Law

Gathotho alias Stephen Mwangi Gathotho alias Stephen N Gathotho alias Gatotho Stephen Mwangi v Benjo (K) Limited & 2 others

Gathotho alias Stephen Mwangi Gathotho alias Stephen N Gathotho alias Gatotho Stephen Mwangi v Benjo (K) Limited & 2 others [2025] KEHC 8904 (KLR)

Court

High Court

Case number

Civil Appeal E051 of 2024

Judge

FN Muchemi

The High Court found that the trial magistrate erred by disregarding the evidence of the appellant and the medical report, both of which sufficiently established a 10% permanent disability and its impact on the appellant's ability to perform certain work-related and farming activities. The court held that loss of earning capacity need not be specifically pleaded or proved as strictly as loss of future earnings, and that the appellant's testimony and medical evidence met the requisite standard of proof. Guided by comparable authorities and the nature of the disability, the court determined tha…

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• Personal Injury
• Road Traffic Accident
• Damages Assessment
• Diminished Earning Capacity

Kariuki v Maina alias Peter Murimi (Suing through Next of Friend Rosemaru Muthoni)

Kariuki v Maina alias Peter Murimi (Suing through Next of Friend Rosemaru Muthoni) [2025] KEHC 7831 (KLR)

Court

High Court

Case number

Civil Appeal E009 of 2023

Judge

JK Ng'arng'ar

The appellate court found that the evidence presented by both parties regarding the circumstances of the accident was conflicting and inconclusive, with neither side able to definitively establish fault. The testimony of the police witness did not clarify the cause of the accident. In such circumstances, established legal principles dictate that liability should be apportioned equally. The trial court's apportionment of 90:10 in favour of the Respondent was therefore set aside and replaced with a 50:50 apportionment. On the issue of quantum, the court reviewed the injuries suffered by the Res…

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• Road Traffic Accident
• Apportionment Of Liability
• Assessment Of Damages
• Negligence
• Personal Injury
• Appeals Process

Pramukh Wholesalers v Omutiti

Pramukh Wholesalers v Omutiti [2025] KEHC 7539 (KLR)

Court

High Court

Case number

Civil Appeal E006 of 2024

Judge

A Mabeya

The High Court in Kisumu dismissed an appeal against a personal injury damages award, holding that Kshs. 700,000 was proportionate for the respondent’s injuries.

• Personal Injury
• Assessment Of Damages
• Road Traffic Accident
• Quantum Of Damages
• Personal-injury
• Quantum-of-damages

Kanyari v Ndegwa & another

Kanyari v Ndegwa & another [2025] KEHC 7182 (KLR)

Court

High Court

Case number

Civil Appeal E264 of 2024

Judge

E Ominde

The High Court granted a conditional stay of execution pending appeal, ordering payment of half the decretal sum and deposit of the balance in a joint account.

• Stay Of Execution
• Security For Due Performance
• Substantial Loss
• Appeal Rights
• Road Traffic Accident
• Quantum Of Damages

Hillspark Investment Company Limited v HAO (Minor Suing through Mother and Next Friend JM)

Hillspark Investment Company Limited v HAO (Minor Suing through Mother and Next Friend JM) [2025] KEHC 7099 (KLR)

Court

High Court

Case number

Civil Appeal E054 of 2023

Judge

GL Nzioka

High Court appeal over personal injury damages was dismissed. The court upheld liability and found Kshs 450,000 general damages not excessive for the minor’s injuries.

• Personal Injury
• Road Traffic Accident
• Assessment Of Damages
• Quantum Of Damages
• Personal-injury
• Road-traffic-accident

Bidco Africa Limited v Omido

Bidco Africa Limited v Omido [2025] KEHC 5428 (KLR)

Court

High Court

Case number

Civil Appeal E078 of 2021

Judge

DO Chepkwony

The High Court held that a road traffic injury claim filed before the Supreme Court’s WIBA clarification could proceed in the magistrates’ court. The appeal was dismissed.

• Work Injury Benefits Act Jurisdiction
• Preliminary Objection
• Employer Liability
• Road Traffic Accident
• Magistrates Court Jurisdiction
• Work-injury-benefits-act

Njagi v Mugo

Njagi v Mugo [2025] KEHC 4214 (KLR)

Court

High Court

Case number

Civil Appeal E066 of 2023

Judge

RM Mwongo

The trial court erred by entertaining and determining an application for setting aside judgment and stay of execution that raised issues previously determined by the same court and concerned issues that should have been raised on appeal rather than before the court that had become functus officio. Therefore, the portion of the impugned ruling where the trial court purported to revisit its previous decisions and the issue of setting aside its own judgment is set aside.

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• Setting Aside Judgment
• Service Of Process
• Interlocutory Judgment
• Res Judicata
• Functus Officio
• Road Traffic Accident

Safe World Telecom Ltd v Koech

Safe World Telecom Ltd v Koech [2025] KEHC 4085 (KLR)

Court

High Court

Case number

Civil Appeal E029 of 2023

Judge

JK Ng'arng'ar

The first appellate court found that the trial court did not act on wrong principles or take into account irrelevant factors when awarding general damages for loss of user, and the award was a fair estimate, thus upholding the award for loss of user as general damages while adjusting special damages based on pleading and proof.

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• Road Traffic Accident
• Quantum Of Damages
• Loss Of User
• Special And General Damages

Muiruri v Mwilu & another

Muiruri v Mwilu & another [2025] KEMC 59 (KLR)

Court

Magistrate's Court

Case number

Civil Case E046 of 2022

Judge

YA Shikanda

Road traffic accident claim. The court found serious injury and awarded general damages, loss of earning capacity, and special damages, subject to 10% contribution.

• Personal Injury
• Road Traffic Accident
• Assessment Of Damages
• Vicarious Liability
• Personal-injury
• Road-traffic-accident

Nyasani v Ochieno

Nyasani v Ochieno [2025] KEHC 3464 (KLR)

Court

High Court

Case number

Civil Appeal E254 of 2024

Judge

RN Nyakundi

High Court allowed an application to extend time to file an appeal and stayed execution of a money decree, subject to deposit of half the decretal sum.

• Extension Of Time
• Stay Of Execution
• Road Traffic Accident
• Money Decree
• Security For Decree
• Judicial Discretion