Stella v Kibe & another (Civil Suit E3620 of 2024) [2026] KEMC 380 (KLR)
The bottom line
#A Nairobi court awarded a pedestrian KShs 663,010 after the vehicle owner and driver offered no evidence, and unproven expenses were struck out.
What this practically means
#Executive summary
#Key legal issues
#Liability for the road traffic accident and contributory negligence
The Defendants were 100% liable; contributory negligence failed as an unsupported pleading
PW2 consistently testified she was walking on the pedestrian roadside, not crossing, and PW1 corroborated that the driver was blamed for driving on the wrong side. The Defendants called no evidence, so denials and the contributory negligence allegation remained unsubstantiated. Res ipsa loquitur applied since no explanation was offered for the vehicle leaving its proper lane. The burden of proof on the Plaintiff was discharged on a balance of probabilities.
Vicarious liability of the 1st Defendant for the 2nd Defendant's driving
The 1st Defendant was vicariously liable as owner, the 2nd Defendant being his servant or agent
Evidence established the vehicle belonged to the 1st Defendant and was driven by the 2nd Defendant. There was no evidence the driver was on a frolic of his own, so the presumption of a master-servant relationship applied, relying on Mwona Ndoo v Kakuzi Ltd and Kenya Bus Services Ltd v Humphrey.
Quantum of general damages for a pelvic fracture that healed without permanent disability
General damages of Kshs. 650,000.00 awarded, between the pleaded extremes of Kshs. 1.7M and Kshs. 400,000
Both medical reports confirmed a pelvic fracture; the later report showed full recovery with no permanent disability. The Plaintiff's authorities involved more severe injuries and were distinguished; the Defendants' awards were older and lower. Applying the principle that comparable injuries attract comparable awards and accounting for inflation, Kshs. 650,000.00 was considered fair.
Proof of special damages
Only Kshs. 13,010.00 of the pleaded Kshs. 28,010.00 was proved by receipts
Special damages must be specifically pleaded and proved. Receipts supported only Kshs. 13,010.00; no receipts justified the Doctor's and Police court attendance fees, so those heads were disallowed.
Legal principles established
#- Pleadings are not evidence; a party who fails to adduce evidence leaves its pleadings as mere denials
- The maxim res ipsa loquitur shifts the burden to the defendant to disprove negligence where the inference from the accident is clear
- Where a vehicle causes damage by negligence, a presumption arises that the driver was the owner's servant absent contrary evidence
- Special damages must be specifically pleaded and strictly proved
Court orders
#- 1.Judgment entered for the Plaintiff against the Defendants jointly and severally
- 2.Liability: Defendants 100% liable for the accident
- 3.General damages of Kshs. 650,000.00 for pain, suffering and loss of amenities
- 4.Special damages of Kshs. 13,010.00
- 5.Total award of Kshs. 663,010.00
- 6.Interest on General Damages from the date of Judgment until payment in full
- 7.Interest on Special Damages from the date of filing suit until payment in full
- 8.Plaintiff awarded costs of the suit
- Jurisdiction invoked
- Original civil jurisdiction of the Chief Magistrates' Court over a road traffic accident claim
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stella v Kibe & another (Civil Suit E3620 of 2024) [2026] KEMC 380 (KLR)", Case Analysis (2026). Civil Suit No. E3620 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/380/eng@2026-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.