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MagistratePartially AllowedNot stated in the judgment text· [2026] KEMC 612 (KLR)

Nyongesa v Board of Management Kabuchai Girls & another (Civil Case E177 of 2025) [2026] KEMC 612 (KLR)

Magistrates' Court
16 April 2026
1,342 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Bungoma court awarded a road accident victim KShs 195,300, but cut his future medical claim because his doctor never testified to prove those costs.

What this practically means

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Executive summary

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The Plaintiff sued the Defendants by a Plaint dated 25th April 2025, seeking general damages, future medical expenses, special damages of Kshs. 7,000/=, costs and interest for injuries sustained on 28th February 2025 when the Defendants' motor vehicle KDA 914 P allegedly lost control and knocked his motorcycle from behind along the Bungoma–Mumias road. The Defendants filed a Statement of Defence blaming the Plaintiff and denied the particulars of negligence. On 2nd February 2026 the parties recorded consents admitting the Plaintiff's witness statement and documents as evidence, and a consent on liability of 90%:10% in favour of the Plaintiff. The Defendants produced no documents. With liability settled by consent, the only issue for determination was quantum. The court found the Plaintiff sustained lacerations to the scalp, right hand, left hip joint region and left leg, with scarring and psychological trauma. Applying Onyango v Obura and adjusting for the lapse of time, it awarded Kshs. 200,000/= in general damages. On future medical expenses, guided by Tracom Limited & Another v Hassan Mohamed Adan and Kenya Bus Services Ltd v Gituma, it held the claim was pleaded and proved in principle, but as Dr. Ekesa did not testify on the cost and duration of the future treatment, it awarded only Kshs. 10,000/= for painkillers. Relying on Hahn v Singh, it found the special damages of Kshs. 7,000/= strictly proved by receipts. Judgment was entered jointly and severally against the 1st and 3rd Defendants for a grand award of Kshs. 217,000/=, less 10%, netting Kshs. 195,300/=, with interest on general damages from judgment and on special damages from filing, and costs to the Plaintiff subject to the liability ratio. The judgment contains an internal inconsistency between the recorded 90%:10% consent and the 50%:50% liability figure in the final orders.

Key legal issues

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01

Quantum of general damages for pain and suffering

Holding

General damages of Kshs. 200,000/= awarded for lacerations, scarring and psychological trauma, informed by comparable awards and the lapse of time

Reasoning

The plaintiff's uncontroverted evidence showed lacerations to the scalp, right hand, left hip joint region and left leg, leaving scars, plus psychological trauma. The injuries were found almost similar to those in Onyango v Obura where Kshs. 180,000/= was awarded; adjusting for the lapse of time since that decision, the court considered Kshs. 200,000/= reasonable compensation.

p. 3
02

Future medical expenses

Holding

Claim pleaded and proved in principle, but award limited to Kshs. 10,000/= for painkillers because the cost of anti-inflammatory agents and psychosocial support was not proved

Reasoning

The plaintiff pleaded future medical expenses and the medical report showed a need for anti-inflammatory agents and psychosocial support, and the witness statement showed continued use of painkillers. However, Dr. Ekesa did not testify on the cost and duration of the future treatment, so the court awarded only what could be assessed on the evidence before it.

p. 4
03

Special damages

Holding

Special damages of Kshs. 7,000/= pleaded and strictly proved by receipts

Reasoning

The law requires special damages to be specifically pleaded and strictly proved, per Hahn v Singh. The plaintiff pleaded Kshs. 7,000/= comprising the medical report, copy of records and treatment expenses, and the receipts placed before the court proved these items on a balance of probabilities.

p. 5

Legal principles established

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  • Special damages must be specifically pleaded and strictly proved before they can be awarded
  • A claim for future medical expenses is a special claim within general damages which must be specifically pleaded and proved; it is sufficient to plead the approximate sum required

Court orders

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  1. 1.Judgment entered jointly and severally against the 1st and 3rd Defendants
  2. 2.Liability – 50%: 50% between the 1st Defendant and the 3rd Defendant in favour of the Plaintiff
  3. 3.General damages of Kshs. 200,000/=
  4. 4.Future medical expenses of Kshs. 10,000/=
  5. 5.Special Damages of Kshs. 7,000/=
  6. 6.Grand award of Kshs. 217,000/= less 10%, yielding a Net Award of Kshs. 195,300/=
  7. 7.General damages to accrue interest at court rate from the date of judgment till payment in full
  8. 8.Special damages to accrue interest at court rate from the date of filing the suit till payment in full
  9. 9.Plaintiff to have the costs of the suit subject to the ratio of liability

Authorities

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Cases cited (4)

  • Onyango v Obura
    (Civil Appeal E180 of 2023) [2024] KEHC 11506 (KLR)
  • Tracom Limited & Another –vs- Hassan Mohamed Adan
    [2009] eKLR
  • Kenya Bus Services Ltd vs. Gituma
    (2004) 1 EA 91
  • Hahn v. Singh
    Civil Appeal No. 42 Of 1983 [1985] KLR 716
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court over a negligence/tort claim (Plaint dated 25th April 2025)

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, "Nyongesa v Board of Management Kabuchai Girls & another (Civil Case E177 of 2025) [2026] KEMC 612 (KLR)", Case Analysis (2026). Not stated in the judgment text. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/612/eng@2026-04-16

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