Kipkurui v Reenah Kenya Ltd (Civil Case E065 of 2025) [2025] SCC 23 (KLR)

4. The matter proceeded by way of documents after parties reached a consent on liability in the ratio of 90:10 in favour of the claimant as against the respondent. I have perused and considered the documents and pleadings as filed as well as the submissions filed. Issue For Determination. a. Whether the Respondent is liable for the accident. b. What is the quantum of damages awardable if any. c. Who bears costs of the claim. Analysis And Determination. a. Whether the respondent is liable for the accident. 5. As already stated a consent order on liability was adopted by this court in the ratio on 90:10 in favour of the claimant as against the respondent and that is the judgment of the court on liability. b. What is the quantum of damages awardable if any. 6. It is the claimant’s case that as a result of the accident he sufiered the following injuries; wit laceration to the scalp, cut wound to the left leg and left mid shaft tibia and fibular fracture. 7. A perusal of the medical documents and the P3 filed and the medical report dated 3/9/2025 confirm the injuries and opine that the nature of injuries were assessed as grevious harm which resulted to significant physical pain and psychological distress. He concluded that there was a possibility of a temporary partial disability for approximately 3months and that the injuries will predispose him to a risk of long-term complications including left leg pain, gait abnormalities and reduced functional capacity of the afiected limb. 8. It is trite law that no two cases can be completely similar but it is a settled principle that comparable injuries should attract comparable awards and courts simply exercise discretion in terms of awards to be given but with the guidance of earlier decided cases that handled almost similar injuries. See the case of Odinga Jacktone Ouma vs Moureen Achieng Odera [2016] eKLR. The claimant has on his part proposed Kshs.900,000/= as compensation. 9. In the case of Razi Amin Kulaten Vs 1.claus Kruger 2.rosemary Nyakinyua [2004] KEHC 2239 (KLR) the high court awarded Kshs.600,000/= for the following injuries and a further Kshs.250,000/= for future medical expenses as advised by the doctor ; 10. (1) Fracture of tibia/fibula and patella on the right leg. (2) Potts fracture on left ankle. (3) Severe strain with rupture of cruciate ligaments (left knee) (4) Fracture of metatarsal bone (left foot) In the case of Sammy Mugo Kinyanjui & Ano.-vs-Kairo Thuo (2017) eKLR, the Respondent sustained a slight tenderness in the forehead, neck, chest, abdomen, right knee and both legs, fracture of the right tibia, fracture of the left tibia and fibula. The trial court award of Kshs 1,000,000/= was set aside and substituted with Kshs 600,000/=. https://new.kenyalaw.org/akn/ke/judgment/scc/2025/23/eng@2025-12-10 2

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11. Having looked at the decided cases, the nature of injuries sustained by the claimant and taking into consideration the efiuxion of time, I award the claimant Kshs.500,000/= 12. On special damages, Kshs.3,550/= has been pleaded. That is for medical report, medical expenses and motor vehicle search. The same have been proved by way of receipts and are allowed. 13. There is a further prayer for future medical expenses at Kshs.329,520/=. These costs have been explained in details in the medical report and being from a specialist and being reasonable in the circumstances, they have been proved to certain degree of certainty and they are allowed as prayed c. Who bears costs of the claim? 14. The claimant having been successful in the matter and that costs follow events she is awarded costs of the claim. Conclusion And Disposition. 15. The upshot of the foregoing I make the following final orders; a. The claim contained in the statement of claim dated 16th September 2025 is allowed in the following terms. Liability 90:10 General damages Kshs.500,000/= Special damages Kshs. 3,550/= Future medical expenses Kshs.329,520/= Sub total Kshs.833,070/= Less 10% contributory Kshs.83,307/= Grand Total Kshs.749,763/= 16. b. The claimant is awarded costs and interests from the date of judgment until payment in full. c. Let the file be closed forthwith. Orders accordingly. DATED, SIGNED AND DELIVERED VIRTUALLY AT VOI SMALL CLAIMS COURT THIS… 10th…..DAY OF …December…2025 F.M. MULAMA ADJUDICATOR/RM In the presence of: Court Assistant:- Vivian Wambui. Kiwinga for the Claimant. Mugo for the respondent. https://new.kenyalaw.org/akn/ke/judgment/scc/2025/23/eng@2025-12-10 3

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