JM (Mother to MAB - Minor) v Wesu Sub-county Hospital & another (Civil Suit E014 of 2025) [2026] KEMC 145 (KLR)
The bottom line
#A Kenyan magistrate declined to award damages to an injured minor because the amount claimed exceeded the court's legal money limit, sending the case back to Voi.
What this practically means
#Executive summary
#Key legal issues
#Pecuniary jurisdiction to assess quantum
The court declined to assess quantum because the total awards claimed exceeded the pecuniary jurisdiction of the current trial magistrate (Kshs. 10,000,000), whereas Voi Law Courts was a Chief Magistrate's station with a limit of Kshs. 20,000,000; it found it just, following Pelezia Bakari Salim v Somoire Keen & 2 others, to return the matter to Voi Law Courts for directions on judgment
The court found interlocutory judgment had been entered against the defendants for failing to appear. On formal proof, the plaintiff's proposed awards (general damages of Kshs. 12,000,000 plus future medical expenses) exceeded the principal magistrate's pecuniary limit of Kshs. 10,000,000. At filing, Voi Law Courts was a Chief Magistrate's station with a Kshs. 20,000,000 limit. Guided by the Court of Appeal decision in Pelezia Bakari Salim (including the dissent of PO Kiage JA), the court returned the file to Voi Law Courts for the Head of Station to give directions on judgment, rather than assess quantum itself.
Injuries proved on formal proof
On formal proof the court accepted the plaintiff's summary of injuries: amputation on the right upper limb, tourniquet blood obstruction, injury to the upper right limb and development of dry gangrene on the right upper limb, corroborated by the medical report of Dr. Ajoni Adede dated 18th December 2024 and treatment notes from Wesu Sub County Hospital, Moi Voi Hospital and Coast General Hospital
Interlocutory judgment was entered on 15/5/2025 for failure to appear and defend. Formal proof was heard on 5/6/2025 and 30/10/2025. The medical report and treatment notes were produced as exhibits. The court adopted the plaintiff's submissions summary as a precise summary of the evidence on record, noting the plaintiff was admitted for 7 days at Wesu, later at Moi Voi and 20 days at Coast General where above-elbow amputation was done.
Legal principles established
#- Where the total damages claimed exceed the pecuniary jurisdiction of a principal magistrate's court, the magistrate should not determine quantum; the minor should be allowed the opportunity to claim the highest possible amount in the interest of justice
Court orders
#- 1.Matter returned to Voi Law Courts for the Hon. CM Head of Station Hon. P Ooko to give directions on judgment
- 2.Judgment deferred
- 3.Court Administrator, Voi Law Courts to urgently place the file before the court for directions on 29/6/2026
- Jurisdiction invoked
- Pecuniary jurisdiction of the magistrate's court (Chief Magistrate's limit of Kshs. 20,000,000 at Voi Law Courts; Principal Magistrate's limit of Kshs. 10,000,000)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "JM (Mother to MAB - Minor) v Wesu Sub-county Hospital & another (Civil Suit E014 of 2025) [2026] KEMC 145 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/145/eng@2026-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.