Nyongesa v Board of Management Kabuchai Girls & another (Civil Case E177 of 2025) [2026] KEMC 612 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Quantum of general damages for pain and suffering
General damages of Kshs. 200,000/= awarded for lacerations, scarring and psychological trauma, informed by comparable awards and the lapse of time
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.
Future medical expenses
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
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.
Special damages
Special damages of Kshs. 7,000/= pleaded and strictly proved by receipts
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.
Legal principles established
#- 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
#- 1.Judgment entered jointly and severally against the 1st and 3rd Defendants
- 2.Liability – 50%: 50% between the 1st Defendant and the 3rd Defendant in favour of the Plaintiff
- 3.General damages of Kshs. 200,000/=
- 4.Future medical expenses of Kshs. 10,000/=
- 5.Special Damages of Kshs. 7,000/=
- 6.Grand award of Kshs. 217,000/= less 10%, yielding a Net Award of Kshs. 195,300/=
- 7.General damages to accrue interest at court rate from the date of judgment till payment in full
- 8.Special damages to accrue interest at court rate from the date of filing the suit till payment in full
- 9.Plaintiff to have the costs of the suit subject to the ratio of liability
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over a negligence/tort claim (Plaint dated 25th April 2025)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.