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MagistratePartially AllowedCivil Case 969 of 2019

Edward v Macharia & another (Civil Case 969 of 2019) [2026] KEMC 387 (KLR)

Nakuru Law Courts (Senior Principal Magistrate's Court)
28 July 2026
1,454 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Nakuru court awarded a road accident victim over Kshs. 1.6 million after the defendants offered no evidence, showing defendants who stay silent risk full liability.

What this practically means

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Executive summary

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The plaintiff sued following a road traffic accident of 19 November 2019 on the Nakuru–Njoro road at Ngata area, in which he sustained, among other injuries, a blunt head injury, brain injury with extradural haematoma and a fractured left femur while travelling in motor vehicle KCK 603H. He blamed the 2nd defendant, the driver, and sued the 1st defendant as registered owner, claiming general and special damages, future medical expenses, costs and interest. The defendants filed a statement of defence alleging contributory negligence but, apart from producing a medical report, called no witness. The court found the plaintiff's evidence unchallenged and applied the principle that a defendant who fails to call evidence leaves the plaintiff's evidence uncontroverted. It discounted the testimony of the police witness, who was not the investigating officer and whose account was report-based hearsay, applying Alfred Mutual Ndutu v Peter Musau Wambua. The defendants were held 100% liable. On quantum, applying West and Sons v Shepherd and drawing on Kipkoech v Mella where comparable injuries attracted Kshs. 1,200,000/-, the court awarded Kshs. 1,400,000/- general damages after factoring inflation. Special damages were restricted to amounts pleaded and proved: Kshs. 133,250/- (no receipt proved the medical report fee). Future medical expenses of Kshs. 100,000/- were awarded as agreed in both medical reports. Judgment was entered against the defendants jointly and/or severally with costs and interest, and a 45-day stay of execution was granted as prayed by the defendants' counsel.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the defendants were liable for the road traffic accident of 19 November 2019
  2. 2.Whether the plaintiff proved the injuries pleaded
  3. 3.The quantum of general damages for pain and suffering
  4. 4.Whether special damages were pleaded and proved
  5. 5.Whether an award for future medical expenses was justified

Key legal issues

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01

Liability for the accident

Holding

Defendants held 100% liable

Reasoning

The plaintiff testified and adopted his statement and exhibits blaming the 2nd defendant's careless driving. The defendants adduced no evidence; their only exhibit was a medical report. The police officer was not the investigating officer, so her cross-examination blaming both drivers was report-based hearsay given less weight. The plaintiff's unchallenged evidence discharged the burden of proof on a balance of probabilities.

p. 5
02

Weight of non-investigating officer's evidence

Holding

Hearsay evidence of a police officer who was not the investigating officer carries less probative value

Reasoning

PW2 confirmed the 2nd defendant was charged with a traffic offence but was not the investigating officer. In cross-examination she blamed drivers of both vehicles. Following Alfred Mutual Ndutu v Peter Musau Wambua, such an officer's account is not evidence of fact since he neither witnessed the accident nor concluded from investigations.

p. 4
03

Quantum of general damages

Holding

Kshs. 1,400,000/- awarded for pain and suffering

Reasoning

The court applied the comparable-injuries principle from West and Sons v Shepherd, noting no comparable authority was pointed out by the parties. Its own research found Kipkoech v Mella where similar injuries attracted Kshs. 1,200,000/-. Factoring inflation, it enhanced the award to Kshs. 1,400,000/-.

p. 6
04

Special damages and future medical expenses

Holding

Kshs. 133,250/- special damages and Kshs. 100,000/- future medical expenses awarded

Reasoning

Special damages must be pleaded and proved by receipts. Medical receipts proved Kshs. 132,700/-, the NTSA invoice proved the KRA search item, but no receipt for the medical report was found. Both medical reports agreed future medical expenses of Kshs. 100,000/- for removal of nailing once the fracture united.

p. 6

Legal principles established

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  • Evidence of a police officer who was not the investigating officer and never visited the scene is hearsay and carries less probative value
  • Where a defendant fails to call evidence, the plaintiff's evidence remains uncontroverted and unchallenged
  • Special damages must be both pleaded and proved, usually through receipts
  • In negligence the burden of proof lies on the party alleging, on a balance of probabilities

Court orders

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  1. 1.Judgment entered against the defendants jointly and/or severally in favour of the plaintiff for Kshs. 1,400,000/- general damages for pain and suffering
  2. 2.Kshs. 133,250/- special damages awarded against the defendants jointly and/or severally
  3. 3.Kshs. 100,000/- awarded as costs of future medical expenses
  4. 4.Plaintiff awarded costs of the suit and interest
  5. 5.45 days stay of execution granted as prayed by the defendants' counsel

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Pecuniary jurisdiction of the magistrates' court over civil claims arising from a road traffic accident

Relief refused

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Special damages claimed of Kshs. 138,550/- in full

Only amounts pleaded and proved by receipts were awarded; medical receipts proved Kshs. 132,700/- and no receipt for the medical report was found

p. 6

Future medical expenses claimed of Kshs. 300,000/-

Both medical reports agreed on Kshs. 100,000/- as future medical expenses

p. 7

Costs

Plaintiff gets the costs of this suit and an interest.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Judgment is therefore hereby entered against the defendants herein jointly and or severally, and in favor of the plaintiff herein for Kshs. 1,400,000/- being general damages for pain and suffering, Kshs. 133,250/- being special damages and Kshs. 100,000/- being costs of future medical expenses.
p. 7Final orders - judgment and quantum
Plaintiff also gets the costs of this suit and an interest.
p. 7Costs and interest
This leads to the irresistible conclusion that the Defendants were 100% liable for the accident from the evidence adduced in court.
p. 5Liability
comparable injuries should be compensated by comparable awards
p. 6Principles for assessing general damages
45 days stay granted as prayed.
p. 8Stay of execution

Issues in the judgment

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minor

The judgment is dated 28 July 2026 yet the accident occurred on 19 November 2019 and the plaint is described as dated 09/08/2019, an apparent internal inconsistency in dates (a plaint dated after the accident is normal, but the 2026 delivery date in a 2019 case is unusually far in the future and may be a typographical error).

minor

The plaintiff prayed for general and special damages of Kshs. 138,550/= but the claim as structured in the plaint separates special damages (Kshs. 138,550) from general damages, creating ambiguity in how the prayer is expressed.

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, "Edward v Macharia & another (Civil Case 969 of 2019) [2026] KEMC 387 (KLR)", Case Analysis (2026). Civil Case 969 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/387/eng@2026-07-28

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