Kenya Case Law

High Plateau Limited v Namalwa & 2 others (Suing as the Administrators of the Estae of Alex Mafura (Deceased))

High Plateau Limited v Namalwa & 2 others (Suing as the Administrators of the Estae of Alex Mafura (Deceased)) [2025] KEHC 10311 (KLR)

Court

High Court

Case number

Civil Appeal E146 of 2023

Judge

REA Ougo

The High Court found that the trial court erred in holding the appellant solely liable for the accident, given the conflicting evidence regarding the cause and the absence of a clear finding on the third party's liability. Applying established appellate principles, the court apportioned liability equally (50:50) between the appellant and the third party, the owner of the other vehicle. On quantum, the court held that the award for pain and suffering was appropriate given the deceased died instantly, but reduced the award for loss of expectation of life to the conventional sum of Kshs. 100,000…

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• Fatal Accidents Act
• Law Reform Act
• Apportionment Of Liability
• Assessment Of Damages
• Loss Of Dependency
• Vicarious Liability

Gachie v Muiruri & 2 others

Gachie v Muiruri & 2 others [2025] KEHC 10492 (KLR)

Court

High Court

Case number

Civil Appeal 74 of 2022

Judge

TW Ouya

The High Court partly allowed a fatal accident appeal and reduced the loss of dependency award from Kshs. 2,500,000 to Kshs. 2,000,000, while leaving other costs orders intact.

• Fatal Accidents
• Assessment Of Damages
• Loss Of Dependency
• Vicarious Liability
• Fatal-accidents
• Loss-of-dependency

African Banking Corporation v Burch & 2 others

African Banking Corporation v Burch & 2 others [2025] KEHC 10375 (KLR)

Court

High Court

Case number

Civil Appeal E1083 of 2024

Judge

WM Musyoka

The High Court allowed a bank’s appeal, holding that the respondents did not prove the appellant’s liability for a remittance fraud loss on the evidence.

• Banker Customer Relationship
• Negligence
• Money Remittance Liability
• Vicarious Liability
• Burden Of Proof
• Banker-customer-relationship

Kinyanjui & 4 others v County Secretary, The County Government of Nairobi & another

Kinyanjui & 4 others v County Secretary, The County Government of Nairobi & another [2025] KEELC 5272 (KLR)

Court

Environment and Land Court

Case number

Judicial Review Miscellaneous Application E001 of 2024

Judge

JA Mogeni

The court found that the Applicants had complied with all statutory requirements under Section 21 of the Government Proceedings Act, including proper service of the Certificate of Order against the Government, as evidenced by an uncontested Affidavit of Service. The Respondents failed to provide any credible evidence to the contrary or to justify their continued non-payment of the decretal sum. The court held that the Respondents, as accounting officers of the County Government of Nairobi, have a public legal duty to settle the judgment debt and costs awarded in ELC No. 372 of 2017. The court…

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• Mandamus Against Government
• Enforcement Of Decree
• Certificate Of Order Against Government
• Public Duty To Pay Judgment Debt
• Service Of Statutory Notices
• Vicarious Liability

Last Mile Carrier Limited v Kimanzi & another

Last Mile Carrier Limited v Kimanzi & another [2025] KEHC 9999 (KLR)

Court

High Court

Case number

Civil Appeal 133 of 2024

Judge

RC Rutto

The High Court held that most grounds of appeal raised by the appellant were matters of fact, which are not appealable from the Small Claims Court under Section 38 of the Small Claims Act. Only grounds relating to the legal sufficiency of proof for special damages and the legal characterization of loss of user were considered. The court found that the trial court properly relied on the assessment report and receipts to award special damages, as supported by binding Court of Appeal authority. On loss of user, the court held that such claims can be awarded as general damages where the vehicle i…

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• Motor Vehicle Accidents
• Special Damages
• Loss Of User
• Vicarious Liability

Equity Bank (K) Limited v Wambua & 2 others

Equity Bank (K) Limited v Wambua & 2 others [2025] KEHC 10005 (KLR)

Court

High Court

Case number

Civil Appeal 247 of 2023

Judge

RC Rutto

The court found that the appellant, Equity Bank (Kenya) Limited, was merely a financier of the subject motor vehicle and had no possession, control, or operational responsibility over it at the time of the accident. The court noted that the facts and legal issues in this appeal were identical to those in Machakos HCCA No. 246 of 2023, where it was held that a financier cannot be held liable for an accident involving the financed vehicle. In the interest of judicial consistency and coherence, the court adopted the reasoning and holding of the earlier decision, setting aside the trial court's f…

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• Vicarious Liability
• Motor Vehicle Accidents
• Apportionment Of Liability

Njue v Maiya & 2 others

Njue v Maiya & 2 others [2025] KEHC 9482 (KLR)

Court

High Court

Case number

Civil Appeal E064 of 2024

Judge

AN Ongeri

The appellate court found that the trial magistrate correctly held the Appellant 100% liable for the accident based on the evidence, including the police abstract and the Appellant's own admission of swerving to avoid an oncoming vehicle. The court applied the principle that a driver who loses control during overtaking is presumed negligent unless rebutted, and the Appellant failed to discharge this burden. On damages, the court determined that the award of Kshs. 800,000 for general damages was excessive compared to recent precedents for similar injuries and reduced it to Kshs. 600,000. The c…

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• Road Traffic Accidents
• Negligence
• Vicarious Liability
• Assessment Of Damages

Scania Credit Solutions (Proprietary) Limited v Godfrey & another

Scania Credit Solutions (Proprietary) Limited v Godfrey & another [2025] KEHC 9470 (KLR)

Court

High Court

Case number

Civil Appeal E028 of 2025

Judge

AN Ongeri

The court found that the appellant satisfied the requirements for stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules. The appellant demonstrated a risk of substantial loss if stay was not granted, as the 1st respondent's ability to refund the decretal sum was doubtful. The application was filed within 11 days of the impugned ruling, which the court deemed prompt and not an unreasonable delay. The appellant's willingness to deposit half the decretal sum as security aligned with prior court orders and was considered adequate to protect the respondent's intere…

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• Stay Of Execution
• Vicarious Liability
• Default Judgment
• Security For Decretal Sum

Mombasa Cement v Wahome & another (Suing as the Legal Representatives of the Estate of Paul Gathungu Wambugu (Deceased))

Mombasa Cement v Wahome & another (Suing as the Legal Representatives of the Estate of Paul Gathungu Wambugu (Deceased)) [2025] KEHC 9168 (KLR)

Court

High Court

Case number

Civil Appeal E1071 of 2023

Judge

AN Ongeri

High Court partly allowed a road accident appeal, upholding liability against Mombasa Cement but reducing general damages from Kshs. 3,000,000 to Kshs. 2,000,000.

• Road Traffic Accidents
• Negligence
• Assessment Of Damages
• Vicarious Liability
• Road-traffic-accidents
• Assessment-of-damages

Mark Holdings Limited v Mutua aka Dennis Mutua Mumo aka Dennis Mutua Kakuthu & 3 others

Mark Holdings Limited v Mutua aka Dennis Mutua Mumo aka Dennis Mutua Kakuthu & 3 others [2025] KEHC 9247 (KLR)

Court

High Court

Case number

Civil Appeal E1231 of 2023

Judge

WM Musyoka

The High Court allowed a motor accident appeal, holding that third-party proceedings collapse if the main claim against the defendant fails, and set aside liability against the appellant.

• Third Party Proceedings
• Vicarious Liability
• Motor Accident Liability
• Indemnity And Contribution
• Third-party-proceedings
• Vicarious-liability