Wekesa v Siundu (Civil Case E234 of 2025) [2026] KEMC 769 (KLR)
The bottom line
#A Bungoma court awarded a motorcyclist's passenger Kshs 133,750 after a crash, holding the other rider 100% liable.
What this practically means
#Executive summary
#Key legal issues
#Liability of 1st Defendant in formal proof
1st Defendant held 100% liable; plaintiff was a blameless pillion passenger and no evidence showed contribution
The plaintiff was a pillion passenger on motorcycle KMFC 118 A hit by motorcycle KMGD 643 S, which the police abstract showed belonged to the 1st Defendant. Ownership entries in a public document enjoy a rebuttable presumption of truth and were uncontroverted after the 2nd Defendant was withdrawn. As a passenger not in control of either motorcycle, the plaintiff could not be found contributorily negligent, warranting full liability.
Exclusion of unpleaded injuries
Healed scars not pleaded in the Plaint were excluded from the quantum assessment
Relying on the Supreme Court's admonition that parties are bound by pleadings and Treadsetters Tyres, the court held that injuries must be particularized so the defendant can respond. Since the scars appeared only in the medical report and not in the Plaint, they could not be considered in assessing general damages.
Assessment of general damages
Kshs. 120,000/- awarded for pleaded soft tissue injuries
Guided by the principle in Stanley Maore v Geoffrey Mwenda that comparable injuries attract comparable awards, the court considered precedents awarding Kshs. 100,000/- to 120,000/- for soft tissue injuries, and adopted Kshs. 120,000/- per the recent Adembesa decision as reasonable compensation for the pleaded injuries.
Special damages
Kshs. 13,750/- awarded as pleaded and proved by receipts
Applying Hahn v Singh, special damages must be pleaded and strictly proved. The plaintiff pleaded Kshs. 7,750/- for treatment and Kshs. 6,000/- for the medical report and produced receipts (Pexh.5), satisfying the strict proof requirement, hence the award of the full pleaded amount.
Legal principles established
#- Even in formal proof proceedings, the plaintiff bears the burden of proving the case on a balance of probabilities
- A passenger cannot be held liable for an accident unless their own negligence is demonstrated
- Injuries not pleaded cannot be considered in awarding damages
- Special damages must be specifically pleaded and strictly proved
- Comparable injuries should be compensated by comparable awards
Court orders
#- 1.Liability – 100% in favour of the Plaintiff against the 1st Defendant
- 2.General damages of Kshs. 120,000/=
- 3.Special damages of Kshs. 13,750/=
- 4.General damages to accrue interest at court rate from date of judgment till payment in full
- 5.Special damages to accrue interest at court rate from date of filing suit till payment in full
- 6.Costs of the suit to the Plaintiff
- Jurisdiction invoked
- Original civil jurisdiction over tort claim arising from road traffic accident
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wekesa v Siundu (Civil Case E234 of 2025) [2026] KEMC 769 (KLR)", Case Analysis (2025). Civil Case No E234 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/769/eng@2026-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.