Waswa v Auto Mega Limited & another (Civil Case E019 of 2025) [2026] KEMC 646 (KLR)
The bottom line
#A Bungoma court awarded a road accident victim Kshs. 99,640 after a 20% deduction, showing realistic values for soft tissue injury claims in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Proof of injuries
Plaintiff proved on a balance of probabilities the pleaded soft tissue injuries and psychological distress
The 2nd Defendant's attack on the medical report's date was factually misconceived as the P3 form was not dated 03rd December 2024. The court accepted the P3 form, treatment notes and medical report, and held that a trauma surgeon can note psychological distress though not a psychiatrist.
General damages for pain and suffering
Kshs. 100,000/= awarded for soft tissue injuries
Guided by comparable soft tissue injury awards (Makami v Obong'o, FM v JNM, Asad Motors, Ondicho v Mosigisi) and inflation trends since April 2025, the court settled on Kshs. 100,000/=, rejecting the Plaintiff's Kshs. 500,000/= claim as based on more severe injuries.
Future medical expenses
Kshs. 20,000/= awarded as pleaded and proved
Following Tracom Limited v Hassan Mohamed Adan, the court held future medical expenses need only be pleaded and proved approximately. Dr. Ekesa's estimate of Kshs. 20,000-25,000/= was accepted; the lower figure was chosen as the Plaintiff was treated at a public hospital.
Special damages
Kshs. 4,550/= pleaded and proved by receipts
The receipts on record fully substantiated the special damages pleaded at paragraph 6 of the Plaint.
Impeachment of medical evidence on timing
2nd Defendant's objection that the medical report predated the P3 form failed
The court found the P3 form was not dated 03rd December 2024 as the 2nd Defendant submitted, so the impeachment of Dr. Ekesa's report on that basis had no foundation.
Legal principles established
#- Comparable injuries should be compensated by comparable awards
- Future medical expenses must be specifically pleaded and proved; once pleaded, an approximate sum suffices
- A trauma surgeon may make an impression that a patient suffered psychological distress from an accident without being a psychiatrist
Court orders
#- 1.Judgment entered jointly and severally against the Defendants with liability apportioned 80%:20% in favour of the Plaintiff
- 2.General damages of Kshs. 100,000/= awarded
- 3.Future medical expenses of Kshs. 20,000/= awarded
- 4.Special damages of Kshs. 4,550/= awarded
- 5.Grand award of Kshs. 124,550/= less 20%, netting Kshs. 99,640/=
- 6.Interest on general damages and future medical expenses at court rate from date of judgment till payment in full
- 7.Interest on special damages at court rate from date of filing suit till payment in full
- 8.Plaintiff awarded costs of the suit subject to the ratio of liability
- Jurisdiction invoked
- Original civil jurisdiction of the magistrate's court over a negligence/road traffic accident claim (Balance of Probabilities standard under the Evidence Act); Traffic Act and Highway Code invoked in submissions
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Waswa v Auto Mega Limited & another (Civil Case E019 of 2025) [2026] KEMC 646 (KLR)", Case Analysis (2026). Bungoma CMC Civil Suit (test suit Bungoma CMC CCE028 of 2025 referred to; exact suit number not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/646/eng@2026-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.