Undisa v Khaoya & another (Civil Case E287 of 2025) [2026] KEMC 797 (KLR)
The bottom line
#A Bungoma court ordered a driver and vehicle owner to pay a motorcycle passenger Kshs. 206,550 after rear-ending the bike, but only paid-out costs backed by receipts counted.
What this practically means
#Executive summary
#Key legal issues
#Liability for the road traffic accident
The Defendants were jointly and severally 100% liable for the accident
The Plaintiff, a pillion passenger, gave uncontroverted direct evidence that the motor vehicle hit the motorcycle from behind. That evidence established a prima facie case of negligence. The Defendants elected not to adduce any evidence, so the court drew an adverse inference that their evidence would have been adverse to their case. The evidential burden shifted to the Defendants to dislodge the prima facie case, and they failed to do so.
General damages for pain and suffering
General damages assessed at Kshs. 200,000/= for multiple soft tissue injuries
The court applied the comparable-injuries principle from Stanley Maore v Geoffrey Mwenda and considered three comparable awards of Kshs. 150,000/= to Kshs. 250,000/= for moderate multiple soft tissue injuries. The Plaintiff's injuries (blunt injuries to chest, back, left knee, left leg, left ankle and bruises) were proved by the medical report and P3 form.
Special damages
Special damages awarded only to the extent proved - Kshs. 6,550/= out of Kshs. 18,750/= pleaded
Special damages must be specifically proved. Only the receipt for the medical report (Kshs. 6,000/=) and the receipt for the copy of records from NTSA (Kshs. 550/=) were produced in proof; the remainder of the pleaded amount was not proved and was not awarded.
Legal principles established
#- A defence not supported by evidence remains mere allegation
- A driver who hits a vehicle from behind bears a prima facie case of negligence which he must rebut
- A party who fails to tender evidence within their knowledge or control risks an adverse inference
Court orders
#- 1.Judgment entered against the Defendants jointly and severally with liability at 100%
- 2.General damages of Kshs. 200,000/= awarded
- 3.Special damages of Kshs. 6,550/= awarded (total award Kshs. 206,550/=)
- 4.General damages to accrue interest at court rate from the date of judgment till payment in full
- 5.Special damages to accrue interest at court rate from the date of filing suit till payment in full
- 6.Plaintiff awarded the costs of the suit
- Jurisdiction invoked
- jurisdiction conceded in the joint Statement of Defence; original civil jurisdiction over a road traffic accident negligence claim
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Undisa v Khaoya & another (Civil Case E287 of 2025) [2026] KEMC 797 (KLR)", Case Analysis (2026). Plaint dated 12th June 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/797/eng@2026-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.