Achieng & other v Owino (Civil Case E202, E206, E209, E210, E211, E212, E216, E217, E218 & E221 of 2025 (Consolidated)) [2026] KEMC 764 (KLR)
The bottom line
#Ten Bungoma passengers injured in one road accident won full compensation, but courts won't pay for free documents like P3 forms and police abstracts.
What this practically means
#Executive summary
#Key legal issues
#Quantum of general damages for moderate soft tissue injuries sustained by fare-paying passengers in a road traffic accident
An award of Kshs. 150,000/= for each Plaintiff is reasonable compensation for moderate soft tissue injuries from which the Plaintiffs have recovered
The injuries pleaded were corroborated by uncontroverted medical evidence. Applying the principle that comparable injuries attract comparable awards, and the guidelines that damages must be neither inordinately high nor low, must compensate rather than enrich, and past awards are mere guides subject to inflation, the court aligned its award with comparable authorities where Kshs. 150,000/= had been awarded for similar soft tissue injuries.
Recoverability of special damages for filling the P3 form and police abstract
Not recoverable; the court awarded only special damages proved by receipts (motor vehicle search, medical report, treatment expenses)
Police abstracts are issued by police officers and P3 forms are filled in public hospitals. As a matter of government policy these public documents are issued and filled free of charge. Paying for them would be an illegality from which litigants cannot benefit, and in any event no receipts were produced to prove that claimed expenditure.
Proof of special damages
Special damages were awarded only to the extent proved by receipts for each suit
The Plaintiffs pleaded special damages for treatment expenses, medical report, filling the P3 form, police abstract and motor vehicle search. The court itemised the receipts for each suit (NTSA search of Kshs. 550/=, Dr. Sokobe's medical report of Kshs. 6,000/=, and varying Bungoma County Referral Hospital treatment expenses) and awarded only the proved amounts.
Legal principles established
#- Comparable injuries should be compensated by comparable awards
- A litigant cannot recover the cost of free public services as special damages, and such claims must in any event be proved by receipts
Court orders
#- 1.Judgment entered against the Defendant at 100% liability in each of the ten suits in the series
- 2.General damages of Kshs. 150,000/= awarded to each Plaintiff
- 3.Special damages awarded per suit: E202 - Kshs. 8,160/=; E206 - Kshs. 7,040/=; E209 - Kshs. 7,820/=; E210 - Kshs. 7,860/=; E211 - Kshs. 8,270/=; E212 - Kshs. 8,190/=; E216 - Kshs. 7,020/=; E217 - Kshs. 6,970/=; E218 - Kshs. 7,490/=; E221 - Kshs. 8,040/=
- 4.General damages to accrue interest at court rate from the date of judgment till payment in full; special damages to accrue interest at court rate from the date of filing suit till payment in full
- 5.The Plaintiffs to have the costs of their respective suits
- Jurisdiction invoked
- Admitted jurisdiction of the magistrates' court over the negligence suits (Defendant's Statement of Defence admitted this court's jurisdiction); civil claims arising from a road traffic accident
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Achieng & other v Owino (Civil Case E202, E206, E209, E210, E211, E212, E216, E217, E218 & E221 of 2025 (Consolidated)) [2026] KEMC 764 (KLR)", Case Analysis (2026). Bungoma CMC CC Nos. 202, 206, 209, 210, 211, 212, 216, 217, 218 and 221 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/764/eng@2026-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.