Gatheru v Bernard (Civil Case E092 of 2025) [2026] SCC 18 (KLR)
The bottom line
#A Lamu court awarded Kshs.322,550 to a road accident passenger after the driver ignored the case, showing skipping court guarantees losing.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Respondent is liable for the accident
- 2.What is the quantum of damages awardable if any
- 3.Who bears costs of the claim
Key legal issues
#Liability where interlocutory judgment has been entered
The respondent, having been served but failing to enter appearance, was 100% liable jointly and severally; the claimant need not prove liability.
Interlocutory judgment had been entered as against the respondent who was served but never entered appearance or filed a defence. Relying on William Wagura Maigua v Elbur Flora Limited, the court held that entry of interlocutory judgment settles the issue of liability, so no formal proof of liability was required, only assessment of quantum.
Quantum of general damages for soft tissue injuries
An award of Kshs.300,000/= as general damages adequately compensated the claimant for right and left knee contusions and lumbo sacral sprain.
The court applied the principle that comparable injuries should attract comparable awards, reviewed authorities with awards ranging from Kshs.250,000/= to Kshs.3,800,000/= for more severe spinal injuries, considered inflation and the state of the economy, and concluded that Kshs.300,000/= fairly compensated the claimant for soft tissue injuries expected to fully recover.
Special damages and future medical expenses
Special damages of Kshs.3,550/= proved on the record were allowed, and future medical expenses of Kshs.19,000/= particularized in the medical report were allowed as reasonable.
Special damages must be specifically pleaded and proved; the claimed Kshs.3,550/= for the medical report and motor vehicle records search was proved from the record. Future medical expenses estimated and itemized in the medical report at Kshs.19,000/= for medication and physiotherapy were found reasonable and allowed as prayed.
Costs of the claim
Costs were awarded to the successful claimant on the principle that costs follow the event.
The court applied the basic rule that costs follow the event, emphasizing that the principle compensates the successful party for the trouble taken in prosecuting or defending the case rather than penalizing the losing party. The claimant having succeeded, costs were awarded to her.
Legal principles established
#- Entry of interlocutory judgment against a defendant who fails to enter appearance settles liability, and the claimant is under no obligation to call evidence to prove it.
- Comparable injuries should attract comparable awards in general damages.
- Special damages must be specifically pleaded and proved.
Court orders
#- 1.The claim contained in the statement of claim dated 11th November 2025 is allowed with liability at 100%
- 2.General damages of Kshs.300,000/=, special damages of Kshs.3,550/= and future medical expenses of Kshs.19,000/=, totaling Kshs.322,550/= awarded to the claimant
- 3.The claimant is awarded costs and interests from the date of judgment until payment in full
- 4.The file to be closed forthwith
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Small Claims Court Act (claim for damages arising from a road traffic accident; not expressly cited in the judgment)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The court therefore makes a finding that the respondent is 100% liable for the accident jointly and severally.
it is a settled principle that comparable injuries should attract comparable awards
On special damages, it is trite law that they have to be specifically pleaded and proved.
The claim contained in the statement of claim dated 11th November 2025 is allowed in the following terms. Liability 100% General damages Kshs.300,000/= Special damages Kshs. 3,550/= Future medical expenses Kshs.19,000/= Total Kshs.322,550/=
The claimant is awarded costs and interests from the date of judgment until payment in full.
Issues in the judgment
#The judgment refers to the claimant inconsistently by gender, using both feminine and masculine pronouns for the same person.
The judgment records the same pronoun inconsistency elsewhere, e.g. 'he sustained' for the claimant who is elsewhere 'she'.
The judgment does not state the case number or the names of the parties, only 'claimant' and 'respondent'.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gatheru v Bernard (Civil Case E092 of 2025) [2026] SCC 18 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/18/eng@2026-01-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.