AAO (Suing as the mother and next friend of CHO) v Mageka & another (Civil Appeal E1410 of 2024) [2026] KEHC 7320 (KLR) (Civ) (28 May 2026) (Judgment) Neutral citation: [2026] KEHC 7320 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E1410 OF 2024 LP KASSAN, J MAY 28, 2026 BETWEEN AAO ............................................................................................................ APPELLANT SUING AS THE MOTHER AND NEXT FRIEND OF CHO AND ZEFERINO MABEYA MAGEKA .................................................. 1ST RESPONDENT PHILLIP MADAFU ORIENDO ................................................... 2ND RESPONDENT (Being an Appeal on quantum from a Judgment delivered on 4th day of November 2024 in MCC/E657/2023 in the Chief Magistrates Court at Nairobi by Hon R L Musiega MR (SRM)) JUDGMENT 1. This is an appeal that challenges damages awarded as a result from a road traffic accident by the lower court for the reason that it was inordinately low. Appeals of this nature require that I look at the evidence on record, submissions, relevant authorities and the medical report. 2. Doctor Wokabi stated that the plaintiff who is a five year old boy suffered large, rugged and cosmetically disfiguring scars on both thighs along the groin which cannot be corrected surgically and a hard scar on the root of the penis which is likely to grow in future and is likely to restrict free mobility of the penis. The trial Court awarded Ksh 80,000 as general damages. I have taken into consideration the nature of injuries and likely impediments the plaintiff may incur in future due to limited movement of the penis that might result into unpredictable erection and noted that the award is low. The plaintiff is likely to suffer from low self-esteem at his adult stage and may miss out on optimum sexual pleasure for a long time. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7320/eng@2026-05-28 1
page 1 of 2
I shall award the plaintiff Ksh 1,500,000 for general damages. On future medical expenses of Ksh 150,000 as per the Doctor, I proceed to award it because there is no reason to deviate from the opinion of Dr Wokabi and besides it is not inordinately high. 3. The onset of the above is that the appeal succeeds in terms of the increased award of the general damages and future medical expenses above otherwise the rest remains the same. Each party shall bear own costs DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 28TH DAY OF MAY, 2026. HON L P KASSAN JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7320/eng@2026-05-28 2
page 2 of 2