Mburu v Bashaeb Brothers Limited (Civil Case E011 of 2026) [2026] SCC 29 (KLR)
The bottom line
#A Kenyan Small Claims Court awarded Kshs.615,550 for vehicle damage after the defendant ignored the lawsuit, and confirmed an assessor's report alone can prove repair costs.
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.
- 3.Who bears costs of the claim.
Key legal issues
#Liability for the accident
The respondent is 100% liable for the accident by virtue of the interlocutory judgment entered on his failure to enter appearance.
The respondent was physically served but did not enter appearance or file a response within the statutory timeline. Interlocutory judgment was therefore regularly entered, and following the cited authorities such a judgment is final with regard to liability, leaving only assessment of damages.
Quantum of damages
Special damages of Kshs.615,550/= being the cost of restoring the vehicle to its pre-accident condition was proved on a balance of probabilities.
The claim comprised pre-accident value, towing charges, assessment fees and copy of records less salvage value. Relying on the assessment report, and there being no contrary expert report, the adjudicator found the claimant had demonstrated the extent of damage and the cost of restoration as the law requires.
Costs
Costs follow the event and are awarded to the successful claimant.
The claimant was successful in the claim; the adjudicator applied the general principle that costs follow the event and awarded costs of the claim to the claimant.
Legal principles established
#- Interlocutory judgment obtained on failure to enter appearance is final as to liability; the court's role thereafter is only to assess quantum.
- In a material damage claim, the claimant need only show the extent of damage and the cost of restoring the damaged item; an assessor's report is sufficient proof and absence of repair receipts is not fatal.
Court orders
#- 1.The claim contained in the statement of claim dated 18th February 2026 is allowed in the sum of Kshs.615,550/=.
- 2.Costs and interest at court rates is awarded to the claimant.
- 3.The interest to accrue from the date of filing the claim until payment in full.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Small Claims Court Act (claim proceeded under Section 30 of the SCC Act)
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.
special damages in a material damage claim need not be shown to have actually been incurred, that the claimant is only required to show the extent of damage and what would cost to restore the damaged item as near as possible to the condition it was before the accident.
The claim contained in the statement of claim dated 18th February 2026 is allowed in the sum of Kshs.615,550/=.
Costs and interest at court rates is awarded to the claimant.
Issues in the judgment
#The judgment does not state the case number, the parties' names, or a neutral citation.
Date discrepancy in the record: the statement of claim is dated 18th February 2026 and judgment delivered 17th April 2026, while the accident is pleaded as occurring on 16/11/2025.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mburu v Bashaeb Brothers Limited (Civil Case E011 of 2026) [2026] SCC 29 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/29/eng@2026-04-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.