Shilaya v Simba Coach Company Ltd & another (Civil Case E496 of 2024) [2026] KEMC 734 (KLR)
The bottom line
#A Bungoma court ordered defendants to pay a motorcycle passenger KShs. 186,900 after a road accident, but only expenses backed by receipts were compensated.
What this practically means
#Executive summary
#Key legal issues
#Liability for the accident
The Defendants were held 100% jointly and severally liable; the Plaintiff, as a pillion passenger, was not negligent.
The Plaintiff was a pillion passenger with no control over either the motorcycle or the motor vehicle. Both owed her a duty of care which was breached when the accident occurred. Relying on the cited authorities, a passenger is only liable where contributory negligence is proved, e.g. failure to fasten a seat belt or jumping out of a moving vehicle. There was no evidence of any negligence by the Plaintiff, and the Defendants called no witnesses to support their allegations of contributory negligence or fraud.
General damages for pain and suffering
An award of Kshs. 180,000/= for soft tissue injuries comprising a headache, bruising, bleeding from the ears and a cut wound on the tongue.
The court found the alleged loss of consciousness could not stand because it was absent from the initial treatment notes and the Plaintiff herself could not confirm it; the court departed from the expert evidence on that point. The remaining injuries were corroborated soft tissue injuries which had healed. Guided by comparable awards of Kshs. 150,000/= in SMK v DC and Mangenge v Masai, and because the Plaintiff suffered a headache and bleeding in the ears, the court awarded Kshs. 180,000/=.
Special damages
Special damages of Kshs. 6,900/= pleaded and proved; the full claimed Kshs. 11,900/= was not awarded.
Special damages must be strictly proved. The Plaintiff produced a receipt for Kshs. 6,000/= for the medical report, Kshs. 350/= for medical expenses, and Kshs. 550/= for a copy of motor vehicle records, totaling Kshs. 6,900/=. The Defendants neither objected to the production of the receipts nor impeached their contents. The claim of Kshs. 5,350/= for medical expenses was only proved to the extent of Kshs. 350/=.
Legal principles established
#- In the absence of evidence proving negligence on the part of a passenger, a passenger cannot be held liable for the causation of an accident.
- A plaintiff who pleads special damages is obligated to strictly prove the same before an award is made.
- Comparable injuries attract comparable awards in the assessment of general damages.
- A defendant who does not call witnesses leaves the averments in its statement of defence as mere allegations.
Court orders
#- 1.Judgment entered against the Defendants jointly and severally with liability at 100%
- 2.General damages of Kshs. 180,000/= awarded for pain and suffering
- 3.Special damages of Kshs. 6,900/= awarded
- 4.Total award of Kshs. 186,900/=
- 5.General Damages and future medical expenses to accrue interest at court rate from the date of judgment till payment in full
- 6.Special Damages to accrue interest at court rate from the date of filing the suit till payment in full
- 7.Plaintiff awarded the costs of the suit
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over a tort claim for damages arising from a road traffic accident
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shilaya v Simba Coach Company Ltd & another (Civil Case E496 of 2024) [2026] KEMC 734 (KLR)", Case Analysis (2026). Civil Case No E496 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/734/eng@2026-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.