REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA CIVIL CASE NO. E151 OF 2025 DANIEL OUKO…………..………….……………………………….PLAINTIFF VERSUS R.K SANGHANI & 2 OTHERS……………….…………..………………… DEFENDANTS JUDGMENT 1. The Plaintiff moved this court through a Plaint dated 02 nd April 2025, praying for judgment against the Defendants jointly and severally for:a) General damages and special damages b) Costs and interest, 2. It was the Plaintiff’s case that on 31 st October 2024, while driving motor vehicle registration number KDB 629 U/ZG 5814 along Bungoma – Uganda road near Nang’eni area, the motor vehicle he was driving rammed into motor vehicle registration number KCD 949 U/ZG 5814, which had been reportedly parked without any warning signs, thereby causing him severe bodily injuries, loss, and damage. 3. The Plaintiff blamed the occurrence of the accident on the Defendant’s negligence as enumerated in paragraph 7 of the Plaint. 4. The Defendants entered appearance and filed their respective Statements of Defence denying the particulars of negligence attributed to them. They blamed the accident on the Plaintiff’s negligence. 5. On 30th October 2025, this court delivered a ruling discharging the 3 rd Defendant from these proceedings on the ground that the 3 rd Defendant was a mere financier in the 1st Defendant’s acquisition of motor vehicle registration number KCD 949 U/ZG 5814.
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6. Given the above, this matter was set down for hearing for the Plaintiff, the 1st Defendant, and the 2nd Defendant to prove the averments in their respective pleadings on a balance of probabilities. EVIDENCE 7. The Plaintiff, the 1st Defendant, and the 2nd Defendant recorded a consent on 09th April 2026 apportioning liability in this matter in the ratio of 80%:20% in favour of the Plaintiff against the 1 st Defendant. The said consent also withdrew the suit against the 2 nd Defendant with no order as to costs. 8. It was also a further term of the consent above that all the documents filed by the Plaintiff and the 1st Defendant be admitted as exhibits. ISSUES FOR DETERMINATION 9. Given the consent on record between the Plaintiff and the 1 st Defendant, the only issue that commends to this court for determination is quantum. Quantum of Damages (a) General Damages for pain and suffering 10. The Plaintiff pleaded in paragraph 7 of his Plaint that the accident caused him to sustain: (a) Head injury with brief loss of consciousness due to blunt trauma (b)Blunt injury to the mouth with one broken tooth and multiple others loosening (c) Blunt injury to the chest (d)Blunt injury to the abdomen (e) Lacerations on both legs 11. The Plaintiff’s medical documents from Bungoma West Hospital, Bungoma County Referral Hospital, Eldoret Hospital, as well as the Medical Report dated 28th November 2024 by Dr. Joseph Sokobe,
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corroborated the Plaintiff’s averments in paragraph 7 of his Plaint on the injuries he sustained as a result of the accident. 12. The Medical Report dated 23rd June 2025 by Dr. Udayan R. Sheth filed by the 1st Defendant also confirmed that the Plaintiff sustained the injuries pleaded in the Plaint herein. 13. A reading of the medical evidence on record inclines this court to find and hold that the Plaintiff proved on a balance of probabilities that the accident herein caused him to sustain the injuries pleaded in the Plaint, which injuries he has fully recovered from with no permanent or temporary incapacity. 14. It is well settled in this jurisdiction that the assessment of damages must take into account the principle in the case of Denshire Muteti Wambua v Kenya Power & Lighting Co. Ltd [2013] eKLR that comparable injuries should be compensated by comparable awards. 15. In Kenya Power Lighting Comp. Ltd & another v Zakayo Saitoti Naingola & another [2008] eKLR, where Nambuye, J. (as she then was) listed the following principles on assessment of damages: a) Damages should not be inordinately too high or too low b) They are meant to compensate a party, for the loss suffered but not to enrich a party, and as such they should be commensurate to the injuries suffered c) Where past decisions are taken into consideration, they should be taken as mere guides and each case depends on its own facts. d) Where past awards are taken into consideration as guides an element of inflation should be taken into account as well as the purchasing power of the Kenyan shillings, then at the time of the judgment. 16. This court has duly considered the guidelines in the authorities above, as well as the parties’ written submissions on quantum. 17. The Plaintiff submitted that an award of Kshs. 800,000/= was sufficient under this head. The authorities relied upon by the Plaintiff for an award
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of Kshs. 800,000/= is not applicable in this case since the Plaintiffs in those authorities suffered injuries like fractures of the skull. Those injuries are more severe than those suffered by the Plaintiff in this case. 18. The Defendant, on his part, urged this court to make an award of Kshs. 100,000/= under this head by placing reliance on authorities where Plaintiffs suffered moderate soft tissue injuries. Those authorities are not applicable in this case. 19. The injuries suffered by the Plaintiff are almost similar to the injuries sustained by Plaintiffs in the cases below. 20. In Peter Njuguna Vs Francis Njuguna Njoroge [2015] eKLR, the court made an award of Kshs. 230,000/= where the Plaintiff sustained bruises on the occipital region of the scalp, deep cut on the forehead, bruises on the chest and lower back, bruises on the right elbow, bruises on both hands, tender left knee joint, and a broken tooth. 21. In Baloch Faisal & another v Elloy Kawira Nthiiri [2019] eKLR, the Court made an award of Kshs.200,000/- for injuries which included soft tissue injuries to the head, both knees, chest, back, and injury to upper incisor teeth. 22. In Jelle v Kitsao (Civil Appeal E152 of 2023) [2025] KEHC 3577 (KLR), the Appellant sustained bruises and abrasions to the nose, scalp, left knee, and right leg. He also lost 2 upper teeth. The court made an award of Kshs. 250,000/=. 23. Guided by the authorities above and particularly the Baloch Faisal case (supra), and considering the passage of time since the Baloch case was determined as well as inflation trends in this country, this court is of the considered view that an award of Kshs. 250,000/= under this head is reasonable compensation for the injuries suffered by the Plaintiff in this case. (b)Special Damages
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24. The Plaintiff pleaded for special damages comprising Kshs. 6,000/= for the medical report, Kshs. 52,475/= for treatment expenses, and Kshs. 1,100/= for motor vehicle search. 25. Legible receipts from Shaona Pharmaceutical, Eldoret Hospital Limited, Bungoma West Hospital, Bungoma County Referral Hospital, and Homa Bay County Referral Hospital proved treatment expenses of Kshs. 39,925/=. 26. The receipt for the medical report proved the medical report expense of Kshs. 6,000/= while the receipts from NTSA proved the claimed Kshs. 1,100/= for motor vehicle search. 27. Consequently, this court finds and holds that the Plaintiff pleaded and proved Special Damages of Kshs. 47,025/=. DETERMINATION 28. The upshot of the above is that judgment is entered against the 1 st Defendant in the following terms:a) Liability……………………………………80%:20% in favour of the Plaintiff b) General Damages…………………...………Kshs. 250,000/= c) Special Damages……………………...…….Kshs. 47,025/= Grand Award……………………….Kshs. 297,025/= Less 20% Net Award…………………………Kshs. 237,620/= 29. 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. 30. The Plaintiff will have the costs of this suit, subject to the ratio of liability herein. 31. Judgment accordingly.
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Read, signed, and delivered in open Court at Bungoma this 30th day of April 2026 T.O. OMONO SENIOR RESIDENT MAGISTRATE In the presence of: Mr. Ombima for the Plaintiff Ms. Wambani for the 1st Defendant C/A: Mr. Rioba
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