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Small ClaimsPartially AllowedNot stated in the judgment· [2025] SCC 12 (KLR)

Ongwayo v Shake Distributors Ltd & another (Civil Case E001 of 2024) [2025] SCC 12 (KLR)

Small Claims Court
14 May 2025
FMF.M. Mulama
1,890 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan Small Claims Court awarded a pedestrian Kshs.376,350 after a road accident, but cut his claim because he couldn't prove some expenses.

What this practically means

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Executive summary

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This was a first-instance road-traffic injury claim at the Small Claims Court, stated to be the first matter ever filed at the Voi Small Claims Court. The claimant, a pedestrian, alleged that the respondents' motor vehicle KBT 998F ran over his right foot on 2nd March 2024, causing a fracture of the 3rd and 4th metatarsal, swelling and abrasion. An earlier exparte judgment had been set aside conditionally on 15th January 2025, with thrown-away costs of Kshs.15,000/= imposed; the respondents complied with all conditions except the thrown-away costs. After repeated non-compliance and requests for adjournments by the respondents' counsel, the court directed the matter to proceed, and deprecated delay tactics, observing that justice must be administered promptly. The respondents filed a defence and statements but did not prosecute them; the court nonetheless considered them under section 30 of the SCC Act. The court found the vehicle's ownership had passed to the 2nd respondent before the accident, based on the sale agreement, insurance certificates and police abstract, and held the 2nd respondent 100% liable in the absence of any defence. General damages of Kshs.350,000/= were awarded, benchmarked against Grace Wamue v Wicks Mwethi Njenga where more serious injuries attracted Kshs.500,000/=. Diminished earning capacity was disallowed for lack of evidence; special damages were awarded only at Kshs.26,350/= of the Kshs.46,350/= pleaded, physiotherapy costs not being specifically proved. Total award: Kshs.376,350/=, with costs and interests from the date of judgment until payment in full, and the file closed forthwith.

Key legal issues

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01

Liability for the accident

Holding

The 2nd respondent, as registered owner at the time of the accident, is wholly liable at 100%; the 1st respondent is not liable as ownership had passed

Reasoning

The occurrence of the accident was not denied. The 1st respondent alleged sale to the 2nd respondent; the 2nd respondent alleged an out-of-court settlement, which the claimant denied, admitting only Kshs.15,000/= received for medication. Documents including the sale agreement, cheques and insurance certificates showed ownership had transferred to the 2nd respondent. With no defence prosecuted, the court found the 2nd respondent wholly to blame.

p. 3
02

Quantum of general damages

Holding

Kshs.350,000/= awarded, benchmarked against Grace Wamue v Wicks Mwethi Njenga where more serious injuries attracted Kshs.500,000/=

Reasoning

The claimant suffered a fracture of the 3rd and 4th metatarsal, swollen and tender foot and abrasion, confirmed by Dr. Hanif's report. Applying the comparable-injuries principle, the court found the injuries in the cited authority more serious and awarded a proportionately lower sum of Kshs.350,000/= as commensurate compensation.

p. 4
03

Diminished earning capacity and special damages

Holding

Diminished earning capacity disallowed; special damages awarded only at Kshs.26,350/= of the Kshs.46,350/= pleaded

Reasoning

The claimant produced no evidence of his earnings and was incapacitated for only six weeks given the nature of his work. Special damages must be specifically pleaded and proved; physiotherapy costs were not specifically proved, and only Kshs.26,350/= of the pleaded expenses was supported by documents.

p. 4

Legal principles established

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  • Comparable injuries should attract comparable awards in general damages
  • Special damages must be specifically pleaded and proved
  • Costs follow the event and serve to compensate the successful party

Court orders

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  1. 1.The claim in the further amended statement of claim dated 24th January 2025 is allowed with liability at 100%
  2. 2.General damages of Kshs.350,000/= awarded
  3. 3.Special damages of Kshs.26,350/= awarded (total Kshs.376,350/=)
  4. 4.Claimant awarded costs and interests from the date of judgment until payment in full
  5. 5.The file to be closed forthwith

Authorities

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Legislation

  • Small Claims Court Actsection 30

Cases cited (2)

  • Odinga Jacktone Ouma v Moureen Achieng Odera
    [2016] eKLR
  • Grace Wamue v Wicks Mwethi Njenga
    [2020] eKLR
Jurisdiction invoked
Small Claims Court Act (section 30 SCC Act invoked in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ongwayo v Shake Distributors Ltd & another (Civil Case E001 of 2024) [2025] SCC 12 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2025/12/eng@2025-05-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.