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MagistratePartially AllowedNot stated in judgment (Eldoret CMCC, related test suit Eldoret CMCC No. 220 of 2019)· [2026] KEMC 355 (KLR)

Kariuki v Thuo & another (Civil Case 678 of 2019) [2026] KEMC 355 (KLR)

Chief Magistrate's Court at Eldoret
24 July 2026
MAM.E. Aligula
1,291 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This is a first-instance personal injury suit arising from a road traffic accident of about 24 October 2018 in which the plaintiff, a conductor aboard a Toyota Hiace matatu along the Kitale–Eldoret road at Matunda bridge, was injured in a collision with an Isuzu tanker. The plaintiff sought general damages, special damages, costs and interest. The defendants filed an amended defence denying negligence and particular injuries and put the plaintiff to strict proof, but called no witnesses and produced no documents. On 27 April 2026, the parties confirmed that in the test suit Eldoret CMCC No. 220 of 2019 the defendants had been found 100% liable, leaving only quantum and costs for determination. Dr Sokobe (PW1) produced a medical report, P3 form and receipts establishing blunt injuries to the chest, back, upper limbs and both knees, classified as soft tissue injuries amounting to harm. The plaintiff (PW2) produced an ID, police abstract, treatment notes, payment receipt, motor vehicle search, demand letter and statutory notice. On quantum, the magistrate applied the principle that comparable injuries attract comparable damages, surveying awards of Ksh 60,000 to Ksh 150,000 for soft tissue injuries, and awarded Ksh 100,000 general damages. Special damages pleaded at Ksh 8,400 were proved only to the extent of Ksh 6,600, which was awarded. Applying section 27 of the Civil Procedure Act, costs followed the event, with interest under section 26. Judgment was entered for the plaintiff with 100% liability against the defendants, and a stay of 30 days was granted. Judgment was signed, dated and delivered in Eldoret on 24 July 2026 by M.E. Aligula, RM.

Key legal issues

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01

Quantum of general damages for soft tissue injuries

Holding

General damages of Ksh 100,000 awarded as reasonable for blunt injuries to the chest, back, upper limbs and both knees, guided by comparable awards

Reasoning

The court applied the principle that comparable injuries should attract comparable damages. It reviewed decisions awarding between Ksh 60,000 and Ksh 150,000 for soft tissue injuries. It found the plaintiff's claim of Ksh 450,000 too high and the defendant's proposal of Ksh 70,000 too low, settling on Ksh 100,000.

02

Proof of special damages

Holding

Special damages of Ksh 6,600 proved and awarded against the pleaded Ksh 8,400

Reasoning

The plaintiff pleaded special damages of Ksh 8,400 in paragraph 11 of the plaint and proved Ksh 6,600 by producing PEX 1 and PEX 7 (receipts). Special damages must be specifically pleaded and proved; the proved sum was awarded.

p. 3
03

Liability

Holding

Liability at 100% against the defendants, adopting the test suit finding

Reasoning

Parties confirmed that in the test suit Eldoret CMCC No. 220 of 2019 the defendants were found 100% liable and prayed for adoption of that finding. The plaintiff's evidence on injuries was uncontroverted as the defence called no witnesses.

p. 2
04

Costs and interest

Holding

Costs and interest awarded to the plaintiff under sections 27 and 26 of the Civil Procedure Act

Reasoning

The court found no valid reason to depart from the principle that costs follow the event, and awarded interest as to be specified in the final orders under section 26 of the Civil Procedure Act.

p. 3

Legal principles established

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  • Compensation for personal injuries is evaluated by reference to the nature and extent of injuries and comparable past awards.
  • Special damages must be specifically pleaded and proved.
  • Costs follow the event unless the court has reason to depart from that position.

Court orders

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  1. 1.Liability entered at 100% in favor of the plaintiff as against the defendants
  2. 2.General damages of KSH 100,000 awarded
  3. 3.Special damages of KSH 6,600 awarded
  4. 4.Costs and interest to the plaintiff
  5. 5.Stay of 30 days granted
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court under the Civil Procedure Act (sections 26 and 27 cited on interest and costs)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (5)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kariuki v Thuo & another (Civil Case 678 of 2019) [2026] KEMC 355 (KLR)", Case Analysis (2026). Not stated in judgment (Eldoret CMCC, related test suit Eldoret CMCC No. 220 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/355/eng@2026-07-24

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