Odongo v Ayoti Distributors (Civil Case E013 of 2025) [2025] SCC 1 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Liability for the accident
Liability apportioned equally at 50/50 between the Claimant and the Respondent because the evidence did not clearly show who was to blame
The police abstract showed the accident was still pending under investigation; no sketch map was produced. The Claimant conceded he joined the junction without waiting for the road to clear, breaching paragraph 114 of the Highway Code, and carried two pillion passengers contrary to traffic laws. The Respondent, however, was also under a duty to slow down when approaching a junction and could have avoided the accident had he been careful. With blame difficult to determine, the court apportioned liability equally.
Quantum of general damages for pain and suffering
An award of Kshs. 700,000 would suffice, subject to the 50% reduction, because the authorities cited did not present closely comparable injuries
The court compared awards in Civicon Limited v Richard Njomo Omwancha (Kshs. 450,000), Aloise Mwangi Kahari (Kshs. 500,000) and Dennis Matagaro (Kshs. 700,000), noting that injuries must be comparable and that the current value of the shilling, inflation and time passed must be considered, while avoiding astronomical awards but ensuring fair compensation.
Future medical expenses
Claim dismissed as it was not specifically pleaded
Following Oracle Engineering Limited & another v Muliro, future medical expenses are special damages that must be specifically pleaded and proved. Although the medical report indicated a need for future medical expenses and the Respondent did not object, the Statement of Claim contained no prayer for them; parties are bound by their pleadings.
Special damages
Kshs. 39,535 awarded being the amount actually proven by receipts, despite the pleaded figure of Kshs. 59,800
Special damages must be specifically pleaded and proven. Although Kshs. 59,800 was pleaded, the Claimant produced only three receipts totalling Kshs. 39,535, and the court awarded only that proven amount.
Legal principles established
#- Where it is difficult to determine who is to blame for an accident, liability must be apportioned equally
- He who asserts must prove; the burden of proof in civil cases lies on the claimant on a balance of probabilities
- Future medical expenses are special damages that must be specifically pleaded and proven
Court orders
#- 1.General damages of Kshs. 700,000 less 50% = Kshs. 350,000
- 2.Special damages of Kshs. 39,535
- 3.Costs assessed at Kshs. 40,000
- 4.Interest on the general damages, special damages and costs from the date of judgment until payment in full
- 5.Stay of execution for 30 days
- Jurisdiction invoked
- Original jurisdiction in a road traffic accident claim heard by the Resident Magistrate/Adjudicator at Siaya; no specific constitutional or statutory provision stated as the basis of jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odongo v Ayoti Distributors (Civil Case E013 of 2025) [2025] SCC 1 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2025/1/eng@2025-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.