Magabu v Mahadev Drapers Ltd (Civil Case E089 of 2025) [2026] KEMC 577 (KLR)

causing him to sustain serious bodily injuries particularized in paragraph 3 of the Plaint. 3. It was further averred by the Plaintiff that the accident was caused by the Defendant’s negligence as enumerated in paragraph 4 of the Plaint. 4. The Defendant entered appearance and filed a Statement of Defence blaming the Plaintiff’s negligence for the occurrence of the accident. 5. This prompted this court to set down this matter for hearing for the parties herein to prove the averments in their respective pleadings on a balance of probabilities. EVIDENCE Plaintiff’s Case 6. PW1 Henry Makokha Magabu adopted his witness statement dated 28th February 2025 as his evidence in chief. 7. He testified that on the date of the accident, the Defendant’s motor vehicle registration number KCP 163 A which was being driven at a high speed lost control and hit his motorcycle from behind causing him to sustain severe bodily injuries set out in the Plaint. 8. He added that he sought treatment from Mission of Mercy Hospital Bungoma at a cost of Kshs. 3,955/=. He added that Dr. Sokobe filled his medical report on record at the cost of Kshs. 6,000/=. 9. He also produced all the documents listed in his list of documents herein as exhibits.

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Defendant’s Case 10. The Defendant did not call any witnesses to substantiate the allegations pleaded in their Statement of Defence. ANALYSIS & DETERMINATION 11. This court has given due regard to the pleadings filed herein, the evidence on record, the written submissions filed, as well as the authorities relied upon by the parties. 12. It is noteworthy that on 19th February 2026, the parties herein recorded consent on liability in the ratio of 80%:20% in favour of the Plaintiff. 13. Given the consent on record on liability, this court is of the considered view that the only issue for determination is quantum. Quantum (a) 14. General Damages for Pain and Suffering The Plaintiff pleaded in paragraph 6 of his Plaint that the accident caused him to sustain blunt injuries to the head, chest, right hip, right shoulder, bruises on the upper lip, and bruises on the right ankle laterally. 15. The Plaintiff’s oral testimony on the injuries he sustained as a result of the accident and the medical evidence on record in support of his case were not impeached by the Defendant.

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16. It is against this backdrop that this court finds and holds that the Plaintiff proved on a balance of probabilities that the accident herein caused him to sustain blunt injuries to the head, chest, right hip, right shoulder, bruises on the upper lip, and bruises on the right ankle laterally. 17. The law in this jurisdiction on the award of damages for accident injuries is that, in awarding damages, is that comparable injuries should, as far as possible, be compensated by comparable awards. The Court of Appeal in Stanley Maore vs Geoffrey Mwenda (2004) eKLR, held: “...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.” 18. This court has given due regard to the written submissions on record on quantum. 19. The injuries sustained by the Plaintiff herein are almost similar to the injuries sustained by the Plaintiff in Surian Enterprises Ltd v Mary Bahati Peter (Civil Appeal No. E199 of 2021) [2023] KEHC 20426 (KLR), where the court made an award of Kshs. 150,000/= for multiple soft tissue

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injuries, including a deep cut on the forehead, and blunt injury to the right knee. 20. In Oloo v Arika & another (Civil Appeal E080 of 2024) [2026] KEHC 2889 (KLR) the court made an award of Kshs. 150,000/= for a head injury, left and right leg injury, superficial bruises to both knees, face, and scalp, chest injury, soft tissue injuries on the fingers, bruises, and lacerations on various parts of the body. 21. In the circumstances, this court makes an award of Kshs. 150,000/= under this head. (b) 22. Special Damages The Plaintiff pleaded for Special Damages of Kshs. 9,955/= in paragraph 6 of his Plaint. The receipts produced by the Plaintiff proved the pleaded Special Damages. 23. It is against this backdrop that this court makes an award of Kshs. 9,955/= under this head. DETERMINATION 24. The upshot of the foregoing is that judgment is entered against the Defendant in the following terms: a) Liability………………………………………80%:20% in favour of the Plaintiff b) General Damages…………………...………Kshs. 150,000/= c) Special Damages……………………...…….Kshs. 9.955/=

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Grand Award……………………… Kshs. 159,955/= Less 20% Net Award………………………………………Kshs. 127,964/= 25. 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. 26. The Plaintiff will have the costs of this suit subject to the ratio of liability herein. 27. Judgment accordingly. Read, signed, and delivered in open Court at Bungoma this 10th day of March 2026 T.O. OMONO SENIOR RESIDENT MAGISTRATE In the presence of: Mr. Kweyu for the Plaintiff Mr. Alovi for the Defendant C/A: Mr. Rioba

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