Halahala v Mangoli (Civil Case E536 of 2024) [2025] KEMC 427 (KLR)

herein to the Plaintiff’s negligence as pleaded in paragraph 6 of their Statement of Defence. Plaintiff’s and Defendant’s Case On 29th April 2025 parties herein recorded a consent in the following terms: a) Liability be apportioned in the ratio of 90%:10% in favour of the Plaintiff b) Plaintiff’s documents in the list of documents dated 15 th December 2024 be produced as exhibits as listed (Pexh. 1-14) c) The Plaintiff’s case and the Defendant’s case be marked as closed ISSUES FOR DETERMINATION Given the terms of the consent above, the only issue for determination is quantum. Quantum of Damages (a) General Damages for pain and suffering The Plaintiff’s P3 form dated 16th August 2024 (Pexh. 4), and the Plaintiff’s medical report dated 14th August 2024 (Pexh.6) when read together, show that arising from the accident herein, the Plaintiff sustained moderate soft tissue injuries assessed as harm. In the circumstances, this court finds and holds that the Plaintiff suffered moderate soft tissue injuries as set out in the P3 form and the medical report herein. The Plaintiff’s authorities on general damages refer to Plaintiffs who suffered more serious injuries than the ones suffered by the Plaintiff herein, hence, the said authorities are not applicable in this matter. The Defendant, on the other hand, cited authorities that involved Plaintiffs who suffered soft tissue injuries that are almost similar to the ones suffered by the Plaintiff herein. Bungoma CMC CC. No. E020 of 2025 2 of 6 Judgment

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The law on the award of damages is well settled in this jurisdiction. The Court of Appeal in Odinga Jacktone Ouma V Moureen Achieng Odera [2016] eKLR stated that “comparable injuries should attract comparable awards” The Plaintiff’s injuries herein being moderate soft tissue injuries which merely amounted to harm are almost similar to those of the respondent in Maore Vs Mwenda [2004] eKLR where the respondent sustained injuries involving; injury to the right shoulder, injury to the chest, Injury to the back, and injury to the left leg with haematoma, the Court of Appeal allowed the appeal and entered judgment for Kshs.100,000/= reducing the award from Kshs. 300,000/=. In FM (Minor suing through Mother and next friend MWM) v JNM & another [2020] eKLR, an award of Kshs 60,000/- was enhanced to Kshs 100,000/- where the minor had sustained soft tissue injuries, which were blunt object injury to the head, neck, limbs thorax and abdomen. In Makami v Obong’o (Civil Appeal E062 of 2021) [2023] KEHC 922 (KLR) the respondent sustained soft tissue injuries involving marked swelling and bruises on the forehead, marked neck and chest pain and cut wound on the right elbow joint and right knee joint. He was treated as an outpatient. The court made an award of Kshs 80,000/=. The authorities above show that for the injuries comparable to injuries sustained by the Plaintiff herein, courts make awards ranging from Kshs. 80,000/= to Kshs. 100,000/=. Guided by the authorities cited above, and considering the fact that the Plaintiff was treated as an inpatient, this court is of the considered view that an award of Kshs. 100,000/= under this head would be sufficient compensation in the circumstances. (b) Future Medical Expenses Bungoma CMC CC. No. E020 of 2025 3 of 6 Judgment

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The Plaintiff prayed and pleaded for general damages for future medical expenses in their Plaint filed in this court. The Plaintiff’s medical report dated 14th August 2024 (Pexh.6) The evidence on record shows that the Plaintiff was expected to heal with time. The said medical report does not indicate that the Plaintiff needed future medical attention. In Tracom Limited & another v Hassan Mohamed Adan [2009] eKLR, the Court of Appeal pronounced itself on the claim for future medical expenses as follows: The award for future medical expenses is challenged on two fronts. First, that it was not specifically pleaded and strictly proved. Second, that the multiplier of 25 years was inflated. We readily agree that the claim for future medical expenses is a special claim though within general damages, and needs to be specifically pleaded and proved before a court of law can award it.(Emphasis added) In view of the fact that the Plaintiff failed to place before this court to support his prayer for future medical expenses, and guided by the authority above, it follows that the Plaintiff failed to prove his claim for future medical expenses. It is against this background that the Plaintiff’s prayer for future medical expenses is dismissed. (c) Special Damages The Plaintiff pleaded at paragraph 5 of the Plaint herein for Special Damages of Kshs. 4,000/= for the medical report and Kshs. 550/= for copy of records. The Plaintiff placed before this court receipts to prove the expenditure of Kshs. 4,550/= (Pexh. 1 & 5). In the circumstances, this court holds and finds that the Plaintiff pleaded and proved Special Damages of Kshs. 4,550/=. Bungoma CMC CC. No. E020 of 2025 4 of 6 Judgment

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DISPOSITION The upshot of the foregoing is that judgment is hereby entered jointly and severally against the Defendants in the following terms:(a) Liability – 90%:10% in favour of the Plaintiff (b)General damages - Kshs. 100,000/= (c) Special Damages - Kshs. 4,550/= Less 10% Net Award - Kshs. 94,095/= The General Damages will accrue interest at court rate from the date of this judgment till payment in full while Special Damages will accrue interest at court rate from the date of filing this suit till payment in full. The Plaintiff will have the costs of this suit. Judgment accordingly. Read, signed, and delivered in open court at Bungoma this 20 th day of May 2025 T.O. OMONO RESIDENT MAGISTRATE In the presence of: Plaintiff C/A: Albert Bungoma CMC CC. No. E020 of 2025 5 of 6 Judgment

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Bungoma CMC CC. No. E020 of 2025 6 of 6 Judgment

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