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MagistratePartially AllowedNot stated in the judgment· [2026] KEMC 474 (KLR)

AHJ (Minor) Suing Through Her Father and Next Friend, HJM v Mamuni & another (Civil Case E1677 of 2025) [2026] KEMC 474 (KLR)

Magistrates' Court
30 July 2026
EMEMILY M. MWAMUYE
2,064 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa court awarded a minor KShs 156,750 after a tricycle crash, confirming default judgment still requires proving every claim with receipts and evidence.

What this practically means

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Executive summary

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The minor plaintiff, suing through her father and next friend, claimed compensation for injuries sustained on 27th November 2024 as a passenger aboard a three-wheeler motorcycle (KTWD 454D) which lost control along the Ukunda–Likoni Road and collided with an electric pole. The defendants did not enter appearance or file a defence; interlocutory judgment was entered and the suit proceeded by formal proof. The court held that interlocutory judgment did not relieve the plaintiff of proving her claim on a balance of probabilities. PW1's uncontroverted testimony, supported by the police abstract, P3 Form and medical report, established that the rider lost control and that no external factor caused the accident; res ipsa loquitur permitted an inference of negligence, and the defendants were found jointly and severally liable at 100%, with no contributory negligence attributable to the minor passenger. On quantum, the court declined the proposed KShs. 400,000, distinguishing both authorities relied upon because the injuries in those cases were materially more severe, and awarded KShs. 150,000 in general damages for the two soft-tissue left palm injuries proved. The court emphasized that submissions cannot introduce unpleaded injuries referred to in the written submissions. Of the KShs. 8,750 special damages pleaded, KShs. 6,750 was strictly proved; the KShs. 2,000 claimed for the P3 Form was declined for want of strict proof, since the form is issued free of charge and no receipt established payment. Judgment was entered for a total of KShs. 156,750, with costs of the suit and interest on general damages from judgment and on special damages from filing suit.

Key legal issues

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01

Liability in negligence following formal proof

Holding

Defendants jointly and severally liable at 100%

Reasoning

Although judgment had been entered by default, the plaintiff still had to prove negligence on a balance of probabilities. PW1's coherent, uncontroverted testimony, supported by police documents, showed the rider lost control of the tricycle and collided with an electric pole. Res ipsa loquitur applied since the vehicle, under the defendants' rider's control, left the road without explanation. The minor passenger bore no contributory negligence.

p. 3
02

Assessment of general damages

Holding

KShs. 150,000 awarded; the proposed KShs. 400,000 was disproportionate

Reasoning

The court compared the injuries proved (localized abrasion and blunt trauma to the left palm, soft tissue, no fracture or permanent incapacity) with the injuries in the plaintiff's cited authorities, which involved degloving, head injury and permanent incapacity. Comparable injuries attract comparable awards. The plaintiff's age and distress were considered, but the medical evidence of complete healing limited the award.

p. 4
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Proof of special damages

Holding

KShs. 6,750 of the KShs. 8,750 pleaded was proved

Reasoning

Special damages must be specifically pleaded and strictly proved. Receipts supported the medical report fee (KShs. 2,000), motor vehicle search (KShs. 550) and hospital treatment (KShs. 4,200). The KShs. 2,000 claimed for the P3 Form failed because the form states it is issued free of charge and no receipt proved payment; oral evidence alone cannot meet the strict standard.

p. 5

Legal principles established

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  • Entry of interlocutory judgment does not relieve a plaintiff of the duty to prove the claim on a balance of probabilities at formal proof
  • Special damages must be specifically pleaded and strictly proved
  • Submissions cannot introduce injuries that were neither pleaded nor medically proved
  • Comparable injuries should attract comparable awards in the assessment of general damages

Court orders

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  1. 1.Judgment entered in favour of the minor Plaintifi against the Defendants jointly and severally
  2. 2.General damages for pain, suffering and loss of amenities of KShs. 150,000
  3. 3.Special damages of KShs. 6,750
  4. 4.Total award of KShs. 156,750
  5. 5.Costs of the suit to the Plaintifi
  6. 6.Interest on general damages at court rates from the date of judgment until payment in full
  7. 7.Interest on special damages at court rates from the date of filing suit until payment in full
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court over the tort claim (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, "AHJ (Minor) Suing Through Her Father and Next Friend, HJM v Mamuni & another (Civil Case E1677 of 2025) [2026] KEMC 474 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/474/eng@2026-07-30

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