Angano alias Solomon Vakayi v Mangoli (Civil Case E537 of 2024) [2025] KEMC 449 (KLR)

The Defendant on the other hand entered appearance and thereafter filed a Statement of Defence dated 28th March 2025 attributing the occurrence of the accident 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. 1-11) c) The Plaintiff’s case and the Defendant’s case be marked as closed ISSUES FOR DETERMINATION In view of 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 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 cited authorities where Plaintiff sustained more serious injuries than the ones here,… The Defendant authorities almost similar to the injuries sustained by the Plaintiff herein… Bungoma CMC CC. No. E020 of 2025 2 of 7 Judgment

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The law on award The Court of Appeal in Stanley Maore vs Geoffrey Mwenda [2004] eKLR stated as follows-“Having so said, we must consider the award of damages in the light of the injuries sustained. It has been stated now and again that in assessment of damages, the general approach should be that comparable injuries should, as far as possible, be compensated by comparable awards keeping in mind the correct level of awards in similar cases.” 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 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/=. Bungoma CMC CC. No. E020 of 2025 3 of 7 Judgment

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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 The Plaintiff prayed and pleaded for future medical expenses at paragraph 5 of the Plaint herein. The medical report dated 14 th August 2024 (Pexh.6) shows that the Plaintiff would require anti-inflammatory agents. 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. The Court of Appeal in Kenya Power & Lighting Company Limited v AMK (Suing as the mother and next friend of JMK - Minor (Civil Appeal 58 of 2020) [2021] KECA 52 (KLR) stated as follows on the claim for future medical expenses:As has been held above, in as much as future medical expenses are in the realm of special damages, it may not be practical for the parties to be able to fully ascertain the exact amount that will be required in the future, it therefore suffices to give an estimate as the respondents did during their testimony. On the challenge to the award on future medical expenses which the appellant says had not been specifically pleaded and proved, this does not turn on much as the respondent had in their plaint stated that the minor requires additional and medical care. In our view, the functional prosthesis (artificial limbs) and their maintenance costs are covered under that prayer and as held in Bungoma CMC CC. No. E020 of 2025 4 of 7 Judgment

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Tracom Limited & another v Hasssan Mohamed Adan (supra) it was not mandatory for the respondent to delve into detail of the future expenses at that stage thus that ground of appeal fails.(Emphasis added). The holding in the Kenya Power and Lighting Company Limited case (supra) shows that a party claiming future medical expenses need not plead the exact sum of money that such a party needs for future medical expenses. The legal obligation placed on such a party remains pleading for future medical expenses and providing evidence to support that claim. The Plaintiff pleaded for future medical expenses in the Plaint herein. That claim was supported by the medical report dated 14 th August 2024 (Pexh.6) that the Plaintiff placed before this court. A reading of the said medical report shows that the Plaintiff needed antiinflammatory agents. The maker of that medical report was not called as a witness to provide the approximate cost of the anti-inflammatory agents and to state the duration of time that the Plaintiff would require the said antiinflammatory agents. What is not in dispute is that the Plaintiff would require future medical expenses in buying the anti-inflammatory agents. In the absence of the approximate cost of the inflammatory agents and the duration of their use, this court will exercise its discretion in making the award under this head. In the circumstances and bearing in mind that anti-inflammatory agents are pain killers, this court is of the considered view that an award of Kshs. 10,000/= under this head is a reasonable award under this head. (c) Special Damages The Plaintiff pleaded at paragraph 5 of the Plaint herein for Special Damages of Kshs. 4,000/= for the medical report, Kshs. 550/= for Copy of Records, and Kshs. 3,500/= for medical expenses. Bungoma CMC CC. No. E020 of 2025 5 of 7 Judgment

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It is the law that Special Damages must be pleaded and strictly proved. The Plaintiff placed before this court a receipt for Kshs. 550/= for copy of records (Pexh. 1), and a receipt for Kshs. 4,000/= for the medical report (Pexh.5). In the circumstances, this court holds and finds that the Plaintiff pleaded and proved Special Damages of Kshs. 4,550/=. DISPOSITION The upshot of the foregoing is that judgment is hereby entered jointly and severally against the Defendants in the following terms:(a) Liability – 100% in favour of the Plaintiff (b) General damages (c) Future Medical Expenses (d) Special Damages - Kshs. 100,000/= - Kshs. 10,000/= - Kshs. 4,550/= Less 10% Net Award - Kshs. 103,095/= 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: Bungoma CMC CC. No. E020 of 2025 6 of 7 Judgment

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Plaintiff C/A: Albert Bungoma CMC CC. No. E020 of 2025 7 of 7 Judgment

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