REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT MARIAKANI, CIVIL SUIT NO. E183 OF 2025 RAYMOND NGUMBAO KIWAYA………….PLAINTIFF =VS= MUCHOKI MWAI WILSON…..…………DEFENDANT JUDGMENT Background of the matter 1. Plaintiff’s personal injury case is lodged vide Plaint "Fast Track’ on 28th October 2025, plaint dated 12th March 2025 by Raymond Ngumbao Kiwaya, plaintiff against Muchoki Mwai Wilson defendant through the plaintiff’s advocates Bosire & Partners. The suit is based on a negligence claim against the defendant. The road traffic accident is pleaded to have occurred on 12th February 2025 at 11:00 AM. 2. The plaintiff, lawfully riding a motorcycle registration number KMEK 632P Haojin, along the Mombasa-Nairobi Highway was severely injured due the defendant's driver acts of negligence: that led to the crash: Mercedes-Benz Tanker Reg No. KBB 790B/ZC 9367 owned by the defendant upon reaching the Trinity Petrol Station area in Mariakani, was driven in a manner that caused the accident as the driver was overtaking unlawfully, suddenly veering into the motorcycle’s lane while driving at an excessive speed, failing to keep a proper lookout, and failing to stop or slow down to prevent the accident. The said Mercedes Benz driven by defendant’s authorized driver, servant, or employee unlawfully hit the Plaintiff's motorcycle from behind as a result of which plaintiff. 3. As a result of the accident plaintiff to sustain severe physical injuries, pleaded: Blunt trauma on the chest; blunt trauma on the head, bruise/abrasion on the left lower abdomen, bruise/abrasion on the right knee, bruise/abrasion on the right leg and cut wound on the right leg. 4. Plaintiff relies on the doctrine of res ipsa loquitur (the thing speaks for itself) in further supporting his claim of negligence against the defendant. 5. He therefore seeks Awards: judgment against the defendant for: General Damages: Compensation for pain, suffering, and loss of amenities resulting from the physical trauma; Special Damages: totaling Kshs. 3,500/= being costs incurred: Medical treatment costs and expenses: MARIAKANI SPMCC E183 OF 2025 /Judgment/Soft tissue injuries 1
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Kshs. 1,500/= and cost of the Medical report Kshs. 2,000/=. Costs of the suit: Legal fees arising from maintaining the claim. 6. Interest: Statutory interest accrued on the general damages, special damages, and costs of the suit. 7. In the Plaintiff’s Written Submissions filed by Bosire & Partners Advocates on behalf of Raymond Ngumbao Kiwaya, Plaintiff against Muchoki Mwai Wilson Defendant, the submissions seek a total award of Kshs. 403,500.00 in damages following an interlocutory judgment on liability. Plaintiff submits that he has tendered proof in this case showing injuries suffered and that defendant is to blame for the negligence resulting in the accident. On 100% Liability Following Default: Patrick Mwenda Bucha v Raphael Mainka Ole Seya & Another (2007) eKLR (HCCC 1091 of 2002): Cited to establish that once an interlocutory judgment is regularly entered and remains undisturbed, liability against the Defendant becomes final at 100%. Kenya Bus Services Limited v Humphery (2003) KLR 665 / 2 EA 519: Cited alongside Joseph Kahinda Maina v Evans Kamau Mwaura & 2 Others (2014) eKLR to trigger the legal presumption of vicarious liability against a registered vehicle owner for the torts of their driver/servant. 8. Exhibits relied upon: Exhibit Pexh-1 Police Abstract: Produced to prove ownership of the offending Mercedes-Benz Tanker (Reg No. KBB 790B/ZC 9367) by the Defendant.; Exhibit Pexh-2 (P3 Form): The formal Medical Examination Report detailing immediate post-accident injuries; Exhibit Pexh-3 (Treatment Notes), medical treatment records from Mariakani Sub-County Hospital, Exhibit Pexh-4 (a) and (b) (Medical Report): medical report prepared by Dr. Darius Wambua Kiema dated 28th February 2025. Exhibit Pexh-5 (Receipts): Financial cash receipts strictly proving total Special Damages of Kshs. 3,500.00, noted in the Hospital exercise book inscriptions: Proving hospital payments of Kshs. 500.00 and Kshs. 1,000.00 (Totaling Kshs. 1,500.00); and Medical report Kshs. 2,000/= paid to Dr. Kiema. 9. Relying on the medical report by Dr. Kiema plaintiff road traffic accident on February 12, 2025 plaintiff submits he has proved he suffered: Blunt trauma on the chest. Blunt trauma on the head; Bruise/abrasion on the left lower abdomen; Bruise/abrasion on the right knee; Bruise/abrasion on the right leg; Cut wound on the right leg MARIAKANI SPMCC E183 OF 2025 /Judgment/Soft tissue injuries 2
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10. He has cited authorities in support of General Damages Kshs. 400,000/= for pain suffering and loss amenities: Catherine Wanjiru & 3 Others v Gibson Theuri Gichubi (HCC No. 320 of 1998): Used as a benchmark where the court historically awarded Kshs. 300,000.00 to a plaintiff with leg/chest injuries, and Kshs. 350,000.00 to a plaintiff with multiple soft tissue traumas, an elbow joint injury, and bi-ankle injuries. 11. Michael Owuor Obonyo v Felix Onyango Owino [2021] eKLR: A precedent where a plaintiff sustained similar multi-limb bruises, chest pains, and injuries classified as "harm". On appeal, the High Court adjusted the trial court’s award downwards, settling it at Kshs. 200,000/= 12. The Inflation Argument: The plaintiff argues that because he has not fully recovered and continues to experience pain, the court must scale up older baselines like Michael Owuor to Kshs. 400,000.00 to mitigate the recent inflationary trend taking a toll on the Kenyan Shilling. 13. Special Damages 3,500.00 Strictly proved via hospital and medical report receipts: Exhibit Pexh-5. 14. Trial: suit was heard on 26/8/2026 as an undefended cause. The plaintiff PW 1 Raymond Ngumbao Kiwaya testified adopting his statement dated 12/3/2025 as his evidence and produced documents as per the Bundle of documents as exhibits: police abstract exhibit 1, p3 form exhibit 2, treatment notes exhibit 3, medical report by Dr. Darius Kiema as exhibit 4a and 4b the receipt for medical report; receipts for medication treatment exhibit 5(not produced); statutory notice exhibit 6; demand letter exhibit 7, copy of Identity card copy exhibit 8. 15. Plaintiff closed on 26/8/2026. The matter was not defended. Plaintiff with leave filed closing submissions dated 20/8/2026. 16. The issues identified for determination in the plaintiff’s submissions: plaintiff submits that with entry interlocutory judgment, liability issue was determined 100% liability against the defendant. Thus the only question of quantum of damages is to be determined here. Case relied upon for the submission on liability: Patrick Mwenda Bucha VS Raphael Mainka Ole Seya & Ano (2007) eKLR. MARIAKANI SPMCC E183 OF 2025 /Judgment/Soft tissue injuries 3
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17. Plaintiff submits he has demonstrated he suffered injuries as pleaded and proposes as reasonable compensation Kshs. 400,000/= general damages for pain suffering and loss of amenities. 18. Who bears the costs of the suit? Costs & Interest: costs follow the event as the Plaintiff proved the case on a balance of probabilities and should be awarded costs of suit. 19. ANALYSIS AND FINDINGS: The court has considered the evidence tendered by the plaintiff and the plaintiff’s submissions. 20. On question of occurrence of the accident, and liability for the causing the said accident,as was held in case North End Trading Company Limited carrying on business under registered name Kenya Refuse Handlers Limited= Vs =The City Council of Nairobi (2019) eKLR, a party that fails to defend suit and adduce evidence in support of its pleaded case renders the other party's evidence as one the Court has no basis to disbelieve. The words of Justice Alnashir Visram Uneek Electrical Co. Ltd Civ appeal 676/2002 precisely addresses that aspect. Judge Visram ‘’………the defence did not provide any evidence to the contrary. ……………Here the court had no choice. The only evidence before it was that of the respondent (plaintiff), and the court had no reason to disbelieve his testimony.’’. 21. With a default Interlocutory Judgment in favour of the plaintiff, the question of liability for the accident is settled as the defendant failed to defend the suit despite due service. 22. The holding in David Mwangi Kariuki & another Vs Stephen Mwangi &another (2017)eKLR by Justice Mulwa that a police abstract does not prove how the accident occurred,and that it was upon the respondent in the matter before that court, to call and tender credible evidence on how the accident occurred, and to prove the negligence on the driver’s part is applies in this case. 23.The plaintiff’s uncontroverted testimony supported by the exhibits tendered prove causation of the accident. Plaintiff as an eye witness narrated how the driver of the mercedes benz caused the accident. Police abstract exhibit 1 shows the plaintiff was injured on 12/2/2025. The accident was reported. Raymond is indicated as injured in the accident. 24. Causation and proof of liability for the accident. This court finds the plaintiff’s evidence is uncontroverted, and finds that plaintiff PW 1 MARIAKANI SPMCC E183 OF 2025 /Judgment/Soft tissue injuries 4
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was injured on 12/2/2025 as he lawfully rode his motorcycle at Mariakani Trinity Petrol station area. 25. The court finds the occurrence of the accident is proved to the required standard. The plaintiff’s claim against the defendant as owner of the benz has been proved as required in the law. 26. The police abstract is sufficient proof of the owner of the motor vehicle having not been controverted. 27. The plaintiff’s testimony has not been rebutted. Without the evidence of the driver of the benz and the owner, the plaintiff’s narration is not challenged. His testimony is that the benz hit his motorcycle on the back wheel. The driver was trying to overtake another vehicle and it seemed it was trying to enter Trinity petrol station. 28. The court finds the plaintiff was injured as he has pleaded and he has adduced evidence that proves the nature of the injuries. 29. This court finds both occurrence and causation have been proved and the defendant's liability established, 100%. 30. On quantum:The considerations in assessing damages are the nature of injuries sustained; awards made in comparable cases such that awards made should be reasonable within the ranges of awards made by the superior courts in comparable cases. The cost of inflation must be factored in where older awards are considered. 31. The plaintiff’s submissions on quantum have been considered. The proposed award of Kshs. 400,000/= general damages for pain, suffering and loss of amenities is reasonable. Plaintiff’s submissions on quantum are founded given the nature of injuries suffered: soft tissue injuries that did not result in any partial or permanent disability. 32. General damages: In the circumstance the court finds the award proposed by the plaintiff is reasonable. General damages award for pain, suffering and loss of amenities is assessed at Kshs. Kshs. 400,000/= as prayed, in favour of plaintiff against the defendant. The general damages award to earn interest at court rates from the date of this Judgment until paid in full. 33. Special Damages: total pleaded and particularised: Kshs. 3,500/=; receipts have been produced: medical report by Dr. Kiema receipt for Kshs. 2,000/= produced. And for treatment the expense entries are contained in the treatment notes availed. The cost was highlighted in the treatment hospital exercise book inscriptions showing payments of Kshs. MARIAKANI SPMCC E183 OF 2025 /Judgment/Soft tissue injuries 5
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500/= and Kshs. 1,000/=, thus Kshs. 1,500/= was incurred for treatment at Mariakani hospital. Court awards Kshs.3,500/= special damages, the same shall earn interest from date of suit until full payment. The reliefs sought in the plaint are warranted. 34. On costs of suit: plaintiff shall have costs of suit borne by the defendant. Appeal to Malindi High Court. Right of appeal as prescribed. JUDGMENT DATED, SIGNED & DELIVERED THIS 29th DAY OF SEPTEMBER 2026 T. N. SINKIYIAN, Principal Magistrate IN PRESENCE OF: For Plaintiff:...Mr. Bosire PRESENT. Represented by: Bosire & Partners Advocates: Defendant: ABSENT Court Assistant:…Zulekha & Wesonga MARIAKANI SPMCC E183 OF 2025 /Judgment/Soft tissue injuries 6
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