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MagistratePartially AllowedKitale SCC Claim No. E036 of 2024· [2025] KEMC 457 (KLR)

Wafula v Watu Driving School Ltd (Civil Case E247 of 2024) [2025] KEMC 457 (KLR)

Magistrates' Court (Small Claims Court claim handled as suit)
2 September 2025
TOT.O. Omono
1,878 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court split blame equally between two motorcyclists after conflicting evidence, awarding the injured rider Kshs. 310,350 after halving his damages.

What this practically means

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Executive summary

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This first-instance road traffic accident claim arose from a collision on 26th March 2024 along the Kanduyi–Bungoma Bus Stage road between the plaintiff's motorcycle KMFV 236 X and the defendant's motorcycle KMGB 955 C. The plaintiff sued for general damages, special damages of Kshs. 60,700/=, future medical expenses, costs and interest. The defendant denied negligence and blamed the plaintiff. Three witnesses testified for the plaintiff, including the treating doctor and the investigating police officer, who admitted she could not tell how the accident occurred. The defendant called the defendant and an insurance investigator whose report was discredited in cross-examination for omitting independent witnesses' input. The court found no contest on occurrence or ownership of the motorcycles and framed two issues: liability and quantum. Holding that the evidence was barely adequate to apportion blame, the court applied Farah v Lento Agencies and related authorities that where evidence is insufficient to fix blame, both drivers share liability equally, and apportioned liability 50%:50%. On quantum, comparing the injuries (fracture of left tibia/fibula, blunt head and chest injuries without permanent incapacity) with comparable awards, it granted general damages of Kshs. 500,000/=, special damages of Kshs. 60,700/= as pleaded and proved by receipts, and future medical expenses of Kshs. 60,000/= pegged to the Kenya Medical Practitioners and Dentists (Professional Fees) Rules 2016. Judgment of Kshs. 620,700/= was reduced by 50% to a net award of Kshs. 310,350/=, with interest and costs to the plaintiff.

Key legal issues

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01

Liability where evidence is conflicting and inadequate

Holding

Liability apportioned 50%:50% between plaintiff and defendant

Reasoning

Both parties blamed each other; neither called independent witnesses nor produced sketch maps. The defendant's investigation report was of no evidential value as it omitted input from independent witnesses. Absence of a driving licence is not conclusive proof of negligence. Applying Farah v Lento Agencies and Kennedy Macharia Njeru, where evidence is insufficient to apportion blame, drivers are held equally liable.

p. 4
02

General damages for pain and suffering

Holding

Kshs. 500,000/= awarded

Reasoning

Injuries (blunt head injury, fracture of left tibia/fibula, blunt chest injury without permanent incapacity) were comparable to those in Vincent Mbogholi and Kiraithi v George, each of which attracted Kshs. 500,000/=. Higher awards cited by the plaintiff concerned more serious injuries.

p. 8
03

Future medical expenses

Holding

Kshs. 60,000/= awarded

Reasoning

Both doctors agreed implants required removal but disagreed on cost. Faced with contradictory evidence, the court relied on the Kenya Medical Practitioners and Dentists (Professional Fees) Rules 2016, which prescribe a maximum of Kshs. 60,000/= for removal of implants from long and short bones.

p. 8
04

Special damages

Holding

Kshs. 60,700/= awarded as pleaded and proved by receipts

Reasoning

The plaintiff pleaded Kshs. 60,700/= as particularized in the plaint and produced receipts proving the amount; the court found it pleaded and proved.

p. 9

Legal principles established

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  • Where evidence is insufficient to determine blame between two drivers, both are held equally to blame
  • Absence of a driving licence is not conclusive proof of negligence

Court orders

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  1. 1.Liability apportioned at 50%:50%
  2. 2.General damages of Kshs. 500,000/=
  3. 3.Special damages of Kshs. 60,700/=
  4. 4.Future medical expenses of Kshs. 60,000/=
  5. 5.Net award of Kshs. 310,350/= after deducting 50% liability
  6. 6.General damages to accrue interest at court rate from date of judgment; special damages from date of filing suit, till payment in full
  7. 7.Plaintiff to have costs of the suit

Authorities

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Legislation

  • Kenya Medical Practitioners and Dentists (Professional Fees) Rules 2016Fees for removal of implants from long and short bones

Cases cited (5)

  • Farah vs. Lento Agencies
    [2006] 1 KLR 123
  • Moiz Motor Limited & another v Muthoka & 2 others
    (Civil Appeal E079 of 2022) [2023] KEHC 26428 (KLR)
  • Kennedy Macharia Njeru v Packson Githongo Njau & another
    [2019] KEHC 5377 (KLR)
  • Vincent Mbogholi vs. Harrison Tunje Chilyalya
    [2017] eKLR
  • Kiraithi & another v George
    (Civil Appeal E141 of 2023) [2025] KEHC 10227 (KLR)
Jurisdiction invoked
Original civil jurisdiction over road traffic accident claim (Small Claims Court/Magistrates' Court)

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, "Wafula v Watu Driving School Ltd (Civil Case E247 of 2024) [2025] KEMC 457 (KLR)", Case Analysis (2025). Kitale SCC Claim No. E036 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/457/eng@2025-09-02

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