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MagistratePartially AllowedCivil Suit No 1286 of 2025· [2026] KEMC 210 (KLR)

Shikuku v Hamon Engineering Ltd & another (Civil Suit 1286 of 2025) [2026] KEMC 210 (KLR)

Magistrates' Court (Principal Magistrate's Court), Nairobi
30 June 2026
LML. A. Mumassabba
2,319 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Nairobi court awarded a boda boda rider Kshs. 357,637 after being hit from behind, holding the vehicle's owner and driver fully liable even though they never showed up.

What this practically means

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Executive summary

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This was an uncontested formal proof suit arising from a road traffic accident of 30th September 2024 along Ngong Road near Adams Arcade, Nairobi, in which the plaintiff, a motorcycle rider (Motorcycle KMEV 219P), was hit from behind by Motor Vehicle KDB 122T driven by the 2nd Defendant and owned by the 1st Defendant. The Defendants were served but did not enter appearance; interlocutory judgment was entered on 15th October 2025 by Hon. M. Malingu, and the matter proceeded to formal proof before L. A. Mumassabba, Principal Magistrate. The court framed three issues: liability, quantum, and costs. On liability, the plaintiff's uncontroverted testimony, corroborated by the Police Abstract, established ownership and agency; applying Mwona Ndoo v Kakuzi Ltd and Kenya Bus Services Limited v Humphrey, the court held the 2nd Defendant was driving as servant or agent of the 1st Defendant and found the Defendants 100% liable. On quantum, the court accepted medical evidence of blunt chest, limb and soft tissue injuries without fracture or permanent incapacity, and guided by Butt v Khan and Kemfro Africa, adopted Poa Link Services v Sindani Boaz Bonzemo as the most comparable authority, awarding Kshs. 350,000.00 general damages instead of the Kshs. 500,000.00 sought. Special damages of Kshs. 7,637.00 were found specifically pleaded and strictly proved. Judgment was entered for the plaintiff against the defendants jointly and severally for Kshs. 357,637.00, with interest on special damages from filing suit and on general damages from judgment, plus costs of the suit. Judgment was delivered virtually on 30th June 2026.

Key legal issues

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01

Liability of the defendants for the road traffic accident

Holding

The 2nd Defendant drove negligently and was 100% liable; the 1st Defendant was vicariously liable as owner

Reasoning

The plaintiff's uncontroverted testimony, corroborated by the Police Abstract, established that Motor Vehicle KDB 122T, owned by the 1st Defendant and driven by the 2nd Defendant, rammed into the plaintiff's motorcycle from behind. Applying the presumption in Kenya Bus Services Limited v Humphrey and Chesoni Ag. JA's holding in Mwona Ndoo v Kakuzi Ltd, the court found the 2nd Defendant was driving as servant or agent of the 1st Defendant. The 2nd Defendant was driving at high speed and could not control the vehicle.

p. 4
02

Quantum of general damages

Holding

Kshs. 350,000.00 awarded for pain, suffering and loss of amenities

Reasoning

The court applied the principles in Butt v Khan and Kemfro Africa Ltd that awards must not be entirely erroneous and comparable injuries should attract comparable awards. It found Poa Link Services v Sindani Boaz Bonzemo, where Kshs. 350,000.00 was awarded for blunt chest injuries, bruises and soft tissue injuries, to be the most comparable authority, adjusting for the absence of fractures or permanent incapacity and the effect of inflation.

p. 5
03

Special damages

Holding

Kshs. 7,637.00 awarded as specially pleaded and strictly proved

Reasoning

The plaintiff pleaded special damages of Kshs. 7,637.00 comprising Kshs. 3,000 for the medical report, Kshs. 550 for copy of records and Kshs. 4,087 for medical expenses, and produced receipts in proof. The court was satisfied the claim was specifically pleaded and strictly proved as required.

p. 5

Legal principles established

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  • Where it is proved that a car has caused damage by negligence, in the absence of evidence to the contrary, a presumption arises that it was driven by a person for whose negligence the owner is responsible
  • Comparable injuries should, as far as possible, attract comparable awards

Court orders

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  1. 1.Judgment entered for the Plaintiff against the Defendants jointly and severally
  2. 2.General damages of Kshs. 350,000.00
  3. 3.Special damages of Kshs. 7,637.00
  4. 4.Total award of Kshs. 357,637.00
  5. 5.Interest on special damages at court rates from the date of filing suit and on general damages from the date of judgment until payment in full
  6. 6.Costs of the suit to the Plaintiff

Authorities

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Cases cited (9)

  • Mary Njeri Murigi v Peter Macharia & Another
    [2016] eKLR
  • Lake Naivasha Growers v Muigai Thuka
    [2020] eKLR
  • Charles Gichuki v Emily Kawira Mbuba & Another
    [2018] eKLR
  • Poa Link Services Co. Ltd & Another v Sindani Boaz Bonzemo
    [2021] eKLR
  • Margaret Wangui Kioko v Muus Kenya Limited
    High Court Civil Case No. 2005 of 1999
  • Mwona Ndoo v Kakuzi Ltd
    (1982-1988) 1 KAR 523
  • Kenya Bus Services Limited v Humphrey
    [2003] KLR 665; [2003] 2 EA 519
  • Butt v Khan
    [1977] 1 KAR 1
  • Kemfro Africa Ltd t/a Meru Express Services & Another v Lubia & Another (No. 2)
    [1987] KLR 30
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court over a tort claim in negligence (not expressly stated in the 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, "Shikuku v Hamon Engineering Ltd & another (Civil Suit 1286 of 2025) [2026] KEMC 210 (KLR)", Case Analysis (2026). Civil Suit No 1286 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/210/eng@2026-06-30

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