REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT AT BUNGOMA CIVIL CASE NO. E532 OF 2024 CALISTUS WANYONYI JUMA.....…. ……………………………………………….PLAINTIFF VERSUS PATRICK W. SIMIYU………………….…..……………….…………..………… DEFENDANT JUDGMENT This suit arose from a road accident that occurred on 7th November 2024 along the Chwele – Nalondo road, involving a motorcycle registration number KMGD 117 B being ridden by the Plaintiff and a motor vehicle registration number KUW 132. After the occurrence of that accident, the Plaintiff moved this court through a Plaint dated 11th December 2024 praying for judgment against the defendant for:a) General damages, past, present, and future medical and nursing expenses b) Future medical expenses c) Special Damages Kshs. 4,790/= d) Costs e) Interest f) Any other relief this honourable court may deem fit to grant Kitale SCC Claim. No. E036 of 2024 Page 1 of 6 Judgment
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The Plaintiff blamed the occurrence of the accident on the Defendant’s negligence as set out in paragraph 4 of the Plaint. The Plaintiff pleaded that the accident caused him multiple soft tissue injuries, psychological trauma, and a sprain of the back muscles. It was further pleaded by the Plaintiff that he would benefit from antiinflammatory agents and psychosocial support. The Defendant entered appearance and filed a Statement of Defence dated 08th January 2025, blaming the occurrence of the accident on the Plaintiff’s negligence. The summary of the evidence placed before this court is set out hereunder. Plaintiff’s Case PW1 Calistus Wanyonyi Juma adopted his witness statement dated 11th December 2024 as his evidence in chief. He also produced all the documents in his list of documents dated 11th December 2024 as exhibits. Defendant’s Case The Defendant did not call any witnesses. ISSUES FOR DETERMINATION On 02nd September 2025, parties herein recorded a consent to the effect that liability be apportioned in the ratio of 90%:10% in favour of the Plaintiff. Kitale SCC Claim. No. E036 of 2024 Page 2 of 6 Judgment
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In view of the above, the only issue up for determination by this court is quantum. Quantum of Damages (a) General Damages for pain and suffering The Plaintiff’s treatment notes from Bungoma County Referral Hospital, P3 form dated 08th November 2024, and the medical report dated 08 th November 2024 by Dr. Ekesa, when read together, show that as a result of the accident herein, the Plaintiff sustained multiple soft tissue injuries and a sprain of back muscles assessed as harm. The said medical report by Dr. Ekesa also shows that the accident herein caused the Plaintiff psychological trauma. It is also noteworthy that the Plaintiff was treated as an outpatient. This court has duly considered the authorities relied upon by the parties herein on the award under this head. The authorities relied upon by the parties herein referred to Plaintiffs who suffered more serious injuries than the ones sustained by the Plaintiff in this case. Those authorities cannot be relied upon in making an award under this head. The injuries sustained by the Plaintiff in this case are almost similar to the injuries sustained by the Plaintiff in Nanyuki Express Cabs Savings and Credit Cooperative Society v Ikungu (Civil Appeal 67 of 2020) [2023] Kitale SCC Claim. No. E036 of 2024 Page 3 of 6 Judgment
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KEHC 23652 (KLR) where the Respondent suffered lacerations and muscle contusion on the left forearm and dorsum of the hand; deep laceration on the right anteromedial aspect of the shin; and small multiple lacerations on the scalp. He concluded that the respondent sustained serious injuries following the accident and he recovered without any permanent incapacitation. The degree of injury is harm. The court made an award of Kshs. 150,000/=. Guided by the authority above, this court makes an award of Kshs. 150,000/= under this head. (b) Future Medical Expenses The Plaintiff pleaded for future medical expenses for anti-inflammatory agents and psychosocial support. Dr. Ekesa stated as much in the Plaintiff’s medical report dated 08th November 2024. However, Dr. Ekesa did not appear before this court to state the cost of the anti-inflamatory drugs and psychosocial support and the duration of that need. This court takes judicial notice that inflammatory agents are basically painkillers. In the circumstances, this court makes an award of Kshs. 20,000/= for antiinflammatory agents and psychosocial support. (c) Special Damages Kitale SCC Claim. No. E036 of 2024 Page 4 of 6 Judgment
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The Plaintiff pleaded for Special Damages of Kshs. 4,790/= as particularized in paragraph 5 of her Plaint. The receipts produced before this court by the Plaintiff proved as much. Consequently, this court finds and holds that the Plaintiff pleaded and proved Special Damages of Kshs. 4,790/=. DISPOSITION Given the foregoing, judgment is entered against the Defendant in the following terms: a) Liability………..90%:10% in favour of the Plaintiff b) General Damages…………………...………Kshs. 150,000/= c) Special Damages……………………...…….Kshs. 4,790/= d) Future Medical Expenses…………………..Kshs. 20,000/= Grand Award…………………………..Kshs. 174,790/= Less 10% Net Award……………………………Kshs. 157,311/= The General Damages will accrue interest at court rate from the date of this judgment till payment in full while the 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. Kitale SCC Claim. No. E036 of 2024 Page 5 of 6 Judgment
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Judgment accordingly. Read, signed, and delivered in open Court at Bungoma this 25th September 2025 T.O. OMONO SENIOR RESIDENT MAGISTRATE In the presence of: Mr. Wanjala h/b for Onchiri for the Plaintiff Ms. Nyiva for the Defendant C/A: Mr. Rioba Kitale SCC Claim. No. E036 of 2024 Page 6 of 6 Judgment
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