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MagistratePartially AllowedBungoma CMC CC. No. E020 of 2025· [2025] KEMC 449 (KLR)

Angano alias Solomon Vakayi v Mangoli (Civil Case E537 of 2024) [2025] KEMC 449 (KLR)

Chief Magistrate's Court at Bungoma
20 May 2025
TOT.O. Omono
1,538 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Bungoma court awarded a road accident victim Kshs. 103,095 after 10% contributory negligence, cutting his claim where receipts were missing.

What this practically means

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Executive summary

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This is a first-instance road traffic accident claim before the Chief Magistrate's Court at Bungoma, decided by Resident Magistrate T.O. Omono. The Plaintiff, a motorcyclist, was injured on 26th June 2024 along the Bungoma–Webuye road when motorcycle KMFT 456 L was hit by motor vehicle KBM 454 T. He sued for general damages, future medical expenses, and special damages of Kshs. 8,050/=. By a consent recorded on 29th April 2025, liability was apportioned 90%:10% in the Plaintiff's favour, documents were produced as exhibits, and both cases were closed, leaving only quantum for determination. The court found the Plaintiff suffered moderate soft tissue injuries assessed as harm. Applying the comparable-injuries principle from Stanley Maore v Geoffrey Mwenda and Odinga Jacktone Ouma v Moureen Achieng Odera, it awarded Kshs. 100,000/= in general damages. On future medical expenses, following Kenya Power & Lighting Company Limited v AMK, it held that an exact sum need not be pleaded and, exercising discretion given the medical report's reference to anti-inflammatory agents, awarded Kshs. 10,000/=. Special damages of Kshs. 4,550/= were awarded as strictly proved by receipts, the claimed medical expenses of Kshs. 3,500/= not being proved. The net award after 10% deduction was Kshs. 103,095/=. Judgment was entered for the Plaintiff with interest and costs.

Key legal issues

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01

Quantum of general damages for moderate soft tissue injuries assessed as harm

Holding

An award of Kshs. 100,000/= was sufficient compensation, considering comparable authorities and that the Plaintiff was treated as an inpatient

Reasoning

The P3 form and medical report established moderate soft tissue injuries assessed as harm. Applying the principle that comparable injuries attract comparable awards, the court surveyed authorities with awards of Kshs. 80,000/= to Kshs. 100,000/= for similar injuries and, noting the Plaintiff's inpatient treatment, selected Kshs. 100,000/=.

p. 4
02

Whether future medical expenses were recoverable without proof of exact cost

Holding

Yes; the court exercised its discretion and awarded Kshs. 10,000/= for anti-inflammatory agents despite absence of evidence on exact cost and duration

Reasoning

Following Kenya Power & Lighting Company Limited v AMK, the claimant need only plead future medical expenses and support the claim with evidence. The medical report showed a need for anti-inflammatory agents, but the maker was not called to give cost and duration; the court therefore exercised discretion and, since these agents are pain killers, fixed Kshs. 10,000/=.

p. 5
03

Whether special damages were strictly proved

Holding

Only Kshs. 4,550/= (medical report and copy of records) was proved by receipts; the pleaded medical expenses of Kshs. 3,500/= were not proved

Reasoning

Special damages must be pleaded and strictly proved. The Plaintiff produced receipts for Kshs. 550/= for copy of records and Kshs. 4,000/= for the medical report, but no receipt supported the claimed medical expenses of Kshs. 3,500/=, so only the proved sums were awarded.

p. 6

Legal principles established

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  • In assessment of damages, comparable injuries should as far as possible be compensated by comparable awards keeping in mind the correct level of awards in similar cases
  • A claimant for future medical expenses need not plead the exact sum; it suffices to plead the claim generally and support it with evidence
  • Special damages must be both pleaded and strictly proved

Court orders

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  1. 1.Judgment entered jointly and severally against the Defendants with liability at 100% in favour of the Plaintiff
  2. 2.General damages of Kshs. 100,000/=
  3. 3.Future medical expenses of Kshs. 10,000/=
  4. 4.Special damages of Kshs. 4,550/=
  5. 5.Less 10%, net award of Kshs. 103,095/=
  6. 6.General damages to accrue interest at court rate from date of judgment till payment in full
  7. 7.Special damages to accrue interest at court rate from date of filing suit till payment in full
  8. 8.Plaintiff awarded costs of the suit

Authorities

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Cases cited (7)

  • Stanley Maore vs Geoffrey Mwenda
    [2004] eKLR
  • Odinga Jacktone Ouma V Moureen Achieng Odera
    [2016] eKLR
  • Maore Vs Mwenda
    [2004] eKLR
  • FM (Minor suing through Mother and next friend MWM) v JNM & another
    [2020] eKLR
  • Makami v Obong'o
    (Civil Appeal E062 of 2021) [2023] KEHC 922 (KLR)
  • Kenya Power & Lighting Company Limited v AMK (Suing as the mother and next friend of JMK - Minor
    (Civil Appeal 58 of 2020) [2021] KECA 52 (KLR)
  • Tracom Limited & another v Hasssan Mohamed Adan
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court over a road traffic accident claim (not expressly stated in judgment)

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, "Angano alias Solomon Vakayi v Mangoli (Civil Case E537 of 2024) [2025] KEMC 449 (KLR)", Case Analysis (2025). Bungoma CMC CC. No. E020 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/449/eng@2025-05-20

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