Safaricom PLC v Iriaini Tea Factory Company Ltd (Civil Case E038 of 2026) [2026] SCC 195 (KLR)
The bottom line
#A Murang'a Small Claims Court ordered a driver who rear-ended another vehicle's owner to pay over Kshs. 400,000 in car repairs, tracing fees, interest and costs.
What this practically means
#Executive summary
#Key legal issues
#Liability for the road traffic accident
The respondent's driver was wholly negligent; the respondent was found vicariously liable for the accident.
The respondent's driver admitted the accident in his witness statement despite denial in the response. Ownership and involvement of the respondent's vehicle were proved by motor vehicle records and a police abstract. The respondent's driver, driving behind the claimant's vehicle with an unobstructed view in daytime, failed to keep a reasonable distance, did not counter the claimant's driver's assertion of traffic ahead, and rammed the rear of the claimant's vehicle. Vicarious liability therefore attached to the respondent.
Proof of special damages (repair costs)
Repair costs of Kshs. 368,008.61/= were proved on a balance of probabilities.
The claimant produced an assessment report, a service quotation, a re-inspection report computing repair costs, a service tax invoice and a payment voucher from the insurer. The court held it was not bound by strict rules of evidence under Section 32(2) of the Small Claims Court Act; absent objection to authenticity, the documents were admitted as proof of special damages, and the respondent's counsel's insistence on receipts did not prevail.
Proof of tracing charges
Tracing charges of Kshs. 32,784/= were proved and awarded.
The claimant produced an investigation report dated 19th November 2025 from Windscope Loss Assessors Ltd, a fee note for Kshs. 32,784/=, as well as receipts and payment vouchers for the amounts claimed. The court found the claimant entitled to the sums sought in tracing fees, contributing to the total award of Kshs. 400,792.61/=.
Legal principles established
#- A claim for special damages must be strictly proved and cannot be inferred from the facts.
- The Small Claims Court is not bound by strict rules of evidence and will admit what it deems credible and trustworthy.
- A driver travelling behind another vehicle bears a heavier duty of care and must keep a reasonable distance, adjusting speed to the vehicle ahead and prevailing conditions.
Court orders
#- 1.Liability is entered wholly in favour of the claimant against the respondent
- 2.Judgment entered for the claimant for Kshs. 400,792.61/= being special damages
- 3.The award shall attract interest at court rates from the date of judgment until payment in full
- 4.The claimant shall have the costs of the suit assessed at Kshs. 40,000/=
- 5.Execution of the judgment is stayed for 30 days
- 6.Any aggrieved party has leave to exercise their right of appeal within 30 days of the date hereof
- Jurisdiction invoked
- Small Claims Court Act (claims proceeded by way of documents under Section 30 of the Small Claims Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Safaricom PLC v Iriaini Tea Factory Company Ltd (Civil Case E038 of 2026) [2026] SCC 195 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/195/eng@2026-08-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.