Wanga v Owino (Civil Case E203 of 2025) [2026] KEMC 673 (KLR)
The bottom line
#A Bungoma court awarded a road accident victim KShs 506,550, but refused nearly KShs 80,000 in medical costs because no proper receipt was produced.
What this practically means
#Executive summary
#Key legal issues
#Assessment of general damages for grievous-harm injuries (open fracture of right radius/ulna and blunt injury to right shoulder)
General damages of Kshs. 500,000/= awarded, guided by comparable awards of similar amounts.
The court applied the principle of comparable injuries attracting comparable awards and the Nambuye guidelines (awards not inordinately high or low, compensatory not enriching, past awards mere guides adjusted for inflation). It found the Plaintiff's injuries almost similar to those in three comparable cases where Kshs. 500,000/= was awarded or upheld, and made a like award.
Proof of special damages and binding nature of pleadings
Only specially proven amounts proved by receipts are recoverable: Kshs. 6,550/= (NTSA receipt of Kshs. 550/= and Dr. Sokobe receipt of Kshs. 6,000/=).
Parties are bound by their pleadings, so the Plaintiff could not claim Kshs. 79,120/= via an unpleaded invoice. The invoice was not a receipt, lacking a 'paid' endorsement. Charges for filling the P3 form and the police abstract, being free public services, were irrecoverable, and no receipts were produced for them.
Liability
Liability at 100% against the Defendant, adopted from the consented test suit.
The parties recorded a consent admitting the Plaintiff's witness statement and documents, and selected Bungoma CMC CC No. E215 of 2026 as the test suit on liability. In that test suit the court assessed liability at 100% against the Defendant, so quantum remained the only issue here.
Legal principles established
#- Comparable injuries should be compensated by comparable awards in the assessment of general damages.
- A proforma invoice is not a receipt and cannot by itself prove special damages.
Court orders
#- 1.Liability entered 100% in favour of the Plaintiff against the Defendant
- 2.General damages of Kshs. 500,000/= awarded
- 3.Special damages of Kshs. 6,550/= awarded (total award Kshs. 506,550/=)
- 4.Interest on general damages at court rate from the date of judgment till payment in full
- 5.Interest on special damages at court rate from the date of filing suit till payment in full
- 6.Plaintiff awarded the costs of the suit
- Jurisdiction invoked
- Magistrates' Court civil jurisdiction over claims in contract/tort within pecuniary limits, with the parties' admission of jurisdiction; liability settled via the consented test suit Bungoma CMC CC No. E215 of 2026
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanga v Owino (Civil Case E203 of 2025) [2026] KEMC 673 (KLR)", Case Analysis (2026). Civil Case No E203 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/673/eng@2026-04-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.