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MagistratePartially AllowedCivil Case No E171 of 2025· [2026] KEMC 650 (KLR)

Festus v Inengu & another (Civil Case E171 of 2025) [2026] KEMC 650 (KLR)

Magistrates' Court
30 April 2026
TOT.O. Omono
2,309 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Bungoma court split a road accident claim 50:50, halving the injured motorcyclist's award to Kshs. 309,175 because no eyewitness or sketch plan proved who was to blame.

What this practically means

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Executive summary

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The Plaintiff, a motorcyclist, sued the Defendant, the owner of motor vehicle KQV 675, for injuries sustained on 27th March 2025 along the Sinoko–Siritanyi road when the motor vehicle allegedly encroached onto his lane. He sought general damages, future medical expenses of Kshs. 75,000/= and special damages of Kshs. 43,350/=. The Defendant denied negligence and, in the alternative, blamed the Plaintiff. Four witnesses testified for the Plaintiff, including two doctors and a police officer, while the Defendant's driver testified that the Plaintiff braked suddenly and encroached onto the vehicle's lane. The court found the accident occurred and that ownership of the motor vehicle was undisputed, making the Defendant vicariously liable if the driver was at fault. However, the evidence was the Plaintiff's word against the driver's, with no eyewitness or investigating officer producing a sketch plan of the point of impact. Applying Lakhamshi v Attorney General and Baker v Market Harborough Industrial Co-operative Society Ltd, the court held liability should be shared equally at 50%:50%. On quantum, relying on comparable authorities and noting the absence of incapacity, it awarded Kshs. 500,000/= general damages, Kshs. 75,000/= future medical expenses (the implants being removable at the private facility where they were fixed), and Kshs. 43,350/= special damages proved by receipts, for a gross award of Kshs. 618,350/=, reduced by half to a net award of Kshs. 309,175/=. Interest was awarded at court rates, with costs to the Plaintiff subject to the liability ratio, and a third-party claim was dismissed with no order as to costs.

Key legal issues

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01

Apportionment of liability between two drivers where evidence is inconclusive

Holding

Liability shared equally at 50%:50%

Reasoning

The evidence was one driver's word against the other's, with no eyewitness or investigating officer producing a sketch plan of the point of impact. Guided by Lakhamshi v Attorney General and Baker v Market Harborough, the court held that where blame cannot be precisely determined between two drivers, liability is shared equally.

p. 4
02

General damages for soft tissue injuries, fracture of right femur and psychological trauma

Holding

Kshs. 500,000/= awarded

Reasoning

Injuries were pleaded and proved through uncontroverted medical evidence. Guided by comparable awards in Makokha v Sifuna and Eston Mwirigi Ndege, and noting the absence of any permanent or temporary incapacity, the court adopted Kshs. 500,000/=

p. 4
03

Future medical expenses for removal of metal implants

Holding

Kshs. 75,000/= awarded as pleaded and proved

Reasoning

The claim was pleaded and proved through the medical report estimating Kshs. 50,000–75,000/=. As the implants were fixed in a private facility, the court held they were likely to be removed from the same facility, justifying the upper figure.

p. 5
04

Special damages

Holding

Kshs. 43,350/= pleaded and proved by receipts, awarded in full

Reasoning

Receipts from Dr. Ekesa, NTSA, Bungoma Orthopaedic Centre, Amylin Chemist, Ram Chemist and Bungoma County Referral Hospital proved the pleaded special damages of Kshs. 43,350/=

p. 6

Legal principles established

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  • Where it cannot be precisely determined which of two drivers was to blame for an accident, liability is shared equally
  • Future medical expenses are a special claim within general damages that must be specifically pleaded and proved
  • Comparable injuries should be compensated by comparable awards

Court orders

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  1. 1.Judgment entered against the Defendant with liability apportioned 50%:50%
  2. 2.General damages of Kshs. 500,000/= awarded
  3. 3.Future medical expenses of Kshs. 75,000/= awarded for removal of metal implants
  4. 4.Special damages of Kshs. 43,350/= awarded, net award of Kshs. 309,175/= after 50% reduction
  5. 5.Interest on general damages and future medical expenses at court rate from date of judgment; interest on special damages at court rate from date of filing suit
  6. 6.Plaintiff awarded costs of the suit subject to the ratio of liability
  7. 7.Defendant's claim against the third party dismissed with no order as to costs

Authorities

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Cases cited (6)

  • Baker V Market Harborough Industrial Co-operative Society LTD
    [1953] 1 WLR 1472 at 1476
  • Stanley Maore vs Geofirey Mwenda
    [2004] eKLR
  • Makokha v Sifuna
    (Civil Appeal E027 of 2021) [2023] KEHC 21386 (KLR)
  • Eston Mwirigi Ndege & another v Joseph Macharia Kawira
    [2019] eKLR
  • Tracom Limited & Another –vs-Hasssan Mohamed Adan
    [2009] eKLR
  • Kenya Bus Services Ltd vs. Gituma
    (2004) 1 EA 91
Jurisdiction invoked
Not stated in 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, "Festus v Inengu & another (Civil Case E171 of 2025) [2026] KEMC 650 (KLR)", Case Analysis (2026). Civil Case No E171 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/650/eng@2026-04-30

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