Appellant v Stanley Gachomo Kariuki & another
The bottom line
#In Kenya, if you sue someone for an accident, you must prove they were negligent, even if you are a victim.
What this practically means
#Executive summary
#Key legal issues
#Liability for the road traffic accident
The Appellant failed to prove negligence against the Respondents; his own evidence blamed the other vehicle (KAX 308R), not the Respondents' vehicle
The Appellant's evidence, including the police abstract, blamed motor vehicle KAX 308R for the accident. The particulars of negligence pleaded against the Respondents were unsupported by any evidence. The Respondents closed their case without adducing evidence, but the burden remained on the Appellant throughout.
Whether the Appellant sued the wrong party / third party notice
The authorities cited by the Appellant were distinguishable because there was no evidence of negligence against the Respondents; the failure to issue a third party notice was immaterial since the Respondents were found not liable
Order 1 rule 15 CPR governs third party notices where a defendant claims contribution or indemnity. The Respondents did not issue one. Had they been found liable, there would have been nobody to receive contribution or indemnity from. The cited authorities involved evidence of negligence against the sued drivers, unlike here.
Whether the Appellant as a passenger could be blamed for the accident
No evidence on record blamed any negligence on the Appellant
The court found no evidence attributing negligence to the Appellant as a passenger; the failure of his case was his inability to establish the Respondents' negligence, not his own fault.
Legal principles established
#- On a first appeal the court is duty bound to re-evaluate the facts afresh and come to its own independent findings and conclusions
- Even where a defendant calls no evidence, the plaintiff bears the burden of proving his case on a balance of probabilities
Court orders
#- 1.Appeal dismissed for lack of merit
- 2.Each party to bear own costs in the Appeal and in the lower court
- On appeal from
- Trial Magistrates Court
- Not stated in the judgment
- Jurisdiction invoked
- First appeal to the High Court from the trial magistrate's court (unspecified statutory basis)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Appellant v Stanley Gachomo Kariuki & another", Case Analysis (2020). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.