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Court of AppealPartially AllowedCivil Appeal No. E018 of 2026 (formerly Kisumu Civil Appeal No. 154 of 2020)· [2026] KECA 2051 (KLR)

Agroline Hauliers Limited v Kennedy Asiko Makhotsa

Court of Appeal
3 July 2026
PNP. NyamweyaRNR. NgetichRORadido S. Okiyo
1,704 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal cut a road accident damages award from Kshs. 6.8 million to Kshs. 5 million because the High Court ignored comparable injury precedents.

What this practically means

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Executive summary

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This is a second appeal against quantum in a road traffic accident claim. The Respondent, a passenger, was injured on 9th July 2013 when a matatu collided with the Appellant's trailer along the Bungoma-Mumias Road. Liability was settled at 70/30 in the Respondent's favour, and the trial magistrate (Hon. C. A. S. Mutai, SRM) assessed general damages at Kshs. 6,800,000/=, yielding a net award of Kshs. 4,760,000/= plus special damages of Kshs. 3,200/=. The High Court (Riechi, J.) dismissed the Appellant's first appeal on 19th November 2019, upholding the award. The Court of Appeal crystallised eight grounds into two limbs: manifest excessiveness and failure to consider binding precedent on comparable injuries. The Court reaffirmed that its jurisdiction on second appeal is confined to matters of law, but that interference with a discretionary damages award is warranted where wrong principles were applied. It held that the learned Judge misdirected himself in law by failing to address or distinguish the Sajjad precedent centrally placed before him. Comparing Sajjad (Kshs. 3,000,000/= for comparable lower-limb fractures with 30% disability and no shortening), the Court allowed an upward adjustment for the four-year gap and the Respondent's 50% disability and 6-inch limb shortening, but found Kshs. 6,800,000/= excessive. It allowed the appeal partly, substituting Kshs. 5,000,000/= in general damages, and, applying 30% contributory negligence to both heads, fixed the total payable at Kshs. 3,502,240/=. Each party was ordered to bear its own costs of the appeal.

Key legal issues

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01

Scope of second appellate jurisdiction

Holding

Jurisdiction confined to matters of law; concurrent findings of fact not disturbed absent absence of evidence or clear misapprehension of facts

Reasoning

The court invoked its settled second-appeal jurisdiction, citing Jaswant Singh Kahlon, and confirmed that assessment of damages remains a judicial discretion interferable with on wrong principles or material misapprehension of facts resulting in an inordinately high or low award.

p. 4
02

Duty to consider and distinguish comparative precedent

Holding

The High Court erred by failing to address or distinguish the Sajjad precedent centrally placed before it, amounting to a misdirection in law

Reasoning

Although Riechi J. correctly stated the principles in Butt v Khan and recited the injuries, he concluded without comparative analysis that the award was sufficient. The Court held that a failure to engage with comparable-injury precedents is acting on a wrong principle of law, correctable on second appeal.

p. 10
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Quantum of general damages

Holding

Award of Kshs. 6,800,000/= was on the higher side; substituted with Kshs. 5,000,000/= taking into account the 4-year time gap, escalation of disability from 30% to 50%, and need for consistency

Reasoning

The court compared Sajjad (Kshs. 3,000,000/= for comparable lower-limb fractures, 30% disability, no shortening) with the present case, allowed an upward adjustment for inflation and aggravating factors, but found the leap to Kshs. 6.8 million leaned towards excessiveness, anchoring instead on comparative precedent.

p. 12

Legal principles established

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  • On a second appeal, the Court of Appeal's jurisdiction is strictly limited to matters of law and will not disturb concurrent findings of fact unless based on no evidence or a clear misapprehension of facts
  • Where a court is presented with precedents on comparable injuries, it must consider them and explain any departure; failure to do so amounts to acting on a wrong principle of law correctable on second appeal
  • Comparable injuries should, as far as possible, attract comparable awards; the purpose of damages is restitutio in integrum, not a windfall

Court orders

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  1. 1.Appeal allowed partly
  2. 2.Award of Kshs. 6,800,000/= general damages set aside and substituted with Kshs. 5,000,000/=
  3. 3.Net general damages after 30% contributory negligence: Kshs. 3,500,000/=
  4. 4.Net special damages after 30% contributory negligence: Kshs. 2,240/=
  5. 5.Total sum payable by the Appellant to the Respondent: Kshs. 3,502,240/=
  6. 6.Each party to bear their own costs of the appeal
On appeal from
High Court of Kenya at Bungoma
HCCA No. 33 of 2019
Jurisdiction invoked
Second appeal limited to matters of law under the applicable appellate framework; the court states 'This being a second appeal, our jurisdiction is strictly limited to matters of law'

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Agroline Hauliers Limited v Kennedy Asiko Makhotsa", Case Analysis (2026). Civil Appeal No. E018 of 2026 (formerly Kisumu Civil Appeal No. 154 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2051/eng@2026-07-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.