Longel v City Star Shuttle (Civil Case E1455 of 2026) [2026] KEMC 774 (KLR)
The bottom line
#A Nairobi court awarded a driver over Kshs 1.28 million for his written-off car, confirming that an insurance assessor's report can prove the loss without repair receipts.
What this practically means
#Executive summary
#Key legal issues
#Liability for the road traffic accident
Defendant 100% liable; negligence of the Defendant's driver established on a balance of probabilities, with vicarious liability attaching to the Defendant.
The Police Abstract and the unchallenged oral evidence of PW1 and PW2 established that the Defendant's bus entered the Plaintiff's lawful path. There was no competing version since the Defendant entered no defence and adduced no evidence after interlocutory judgment. Vicarious liability follows for acts committed in the course of employment.
Quantum of special damages for a total-loss vehicle
Net vehicle loss of Kshs.1,145,000 (pre-accident value less salvage) plus consequential expenses, total Kshs.1,288,380 proved.
Applying Nkuene Dairy Farmers and its progeny, the uncontroverted assessment report by Safety Surveys Limited sufficiently established the extent of damage and values. Special damages must be specifically pleaded and strictly proved (Hahn v Singh), but in material damage claims an assessment report may constitute sufficient evidence. The court corrected an arithmetical discrepancy in the pleaded total.
Interest on special damages
Interest awarded at court rates from the date of filing suit until payment in full, not at the 14% claimed.
Interest is discretionary under section 26 of the Civil Procedure Act. The loss was quantified and arose from the accident, but no basis was shown for departing from the prescribed court rate, so the specific 14% sought was declined.
Legal principles established
#- A Police Abstract is prima facie evidence of the occurrence of an accident and its recorded matters, but is not, standing alone, conclusive proof of negligence.
- In total-loss material damage claims, an assessor's report establishing pre-accident value, extent of damage and salvage value is sufficient proof; receipts for repairs never undertaken are not required.
Court orders
#- 1.Liability: Defendant 100% liable
- 2.The Plaintiff is awarded Kshs.1,288,380 as special damages
- 3.The said sum shall attract interest at court rates from the date of filing suit until payment in full
- 4.The Plaintiff shall have the costs of the suit
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over material damage claims arising from a road traffic accident
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Longel v City Star Shuttle (Civil Case E1455 of 2026) [2026] KEMC 774 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/774/eng@2026-08-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.