Koech v Mara Multi Farming (Civil Suit 333 of 2015) [2026] KEMC 800 (KLR)

The plaintiff testified that he was a general worker injured by the defendant's combine harvester operated by the defendant's driver. The defendant did not call evidence to rebut this or offer an alternative explanation. The doctrine of res ipsa loquitur permitted an inference of negligence since the machinery was under the defendant's control and the injury (traumatic amputation) would not ordinarily occur without negligence. The court found negligence proved on a balance of probabilities and, the driver acting in the course of employment, held the defendant vicariously liable at 100%.

The plaintiff suffered traumatic amputation of the left arm with 50% permanent disability classified as grievous harm, supported by the discharge summary and Dr. Obed Omuyoma's medical report. The court considered comparable awards ranging from Kshs.800,000 to Kshs.2,700,000 for upper-limb amputations, the plaintiff's age, the permanence of the injury and its effect on manual work and enjoyment of life, and concluded that Kshs.2,500,000 was fair and reasonable compensation.

Although the plaintiff pleaded earnings of Kshs.10,000 per month, no payslip, employment record or bank statement was produced. The court distinguished loss of future earnings (which must be strictly proved) from loss of earning capacity (general damages). Applying Mumias Sugar v Wanalo and subsequent authorities, and considering the plaintiff's age, manual occupation, amputation and 50% disability, the court adopted a global award of Kshs.750,000, avoiding speculation on unproved earnings and an assumed 40-year working life.

Special damages must be strictly proved. Of the pleaded Kshs.19,540.00 (Kshs.7,000 medical report and Kshs.12,540 medical expenses), only Kshs.8,000.00 was supported by a receipt. The court awarded only the proved amount.