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was innocent of the charge of grievous harm that he had been convicted of in Kitale MCCR/E2595/021. 5. Parties herein elected this claim to be heard under section 30 of the Small Claims Court Act. ISSUES FOR DETERMINATION 6. This court has duly considered the pleadings, documents, submissions and authorities relied on by the parties herein. 7. It is common ground that the Respondent did not appeal against the conviction that gave rise to this claim. It is also given that the time frame within which the Respondent was to file an appeal against the conviction that gave rise to this claim has since lapsed. In the circumstances, it follows that the Respondent inflicted upon the Claimant the injuries that the Claimant seeks compensation for hence the only issue for determination is quantum. 8. Liability under the provisions of section 38 of the Evidence Act, entries in a public book, register or record and other public documents are admissible in evidence…but the entries therein must be made by a public servant in course of their duties and that must be made clear.Further sections 38 and 39 of the Evidence Act provide for admission of evidence in special circumstances as follows; 38. Entries in public records An entry in any public or other official book, register or record, stating a fact in issue or a relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record is kept, is itself admissible….presumption of truth… Quantum of Damages (a) General Damages for pain and suffering Kitale SCC Claim. No. E047 of 2024 Page 2 of 7 Judgment

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9. The Claimant’s claim, claimant’s witness statements filed herein, Radiology request report/form from MTRH Eldoret dated 25 th April 2021 (Cexh.3), and the copy of judgment delivered on 03 rd July 2024 in Kitale MCCR/E2595/2021 when read together show that the Claimant sustained a deep cut wound to the chest that was assessed as grievous harm. The said injury is a soft tissue injury. 10. This court has duly considered the submissions and authorities relied on by the parties herein on quantum. The law on assessment of damages is that comparable injuries should be compensated by comparable awards. 11. In Maore Vs Mwenda [2004] eKLR where the respondent sustained soft tissue injuries involving; injury to the right shoulder, injury to the chest, Injury to the back, and injury to the left leg with haematoma, the Court of Appeal allowed the appeal and entered judgment for Kshs.100,000/= reducing the award from Kshs. 300,000/=. 12. In FM (Minor suing through Mother and next friend MWM) v JNM & another [2020] eKLR, an award of Kshs 60,000/- was enhanced to Kshs 100,000/- where the minor had sustained soft tissue injuries, which were blunt object injury to the head, neck, limbs thorax and abdomen. 13. In Makami v Obong’o (Civil Appeal E062 of 2021) [2023] KEHC 922 (KLR) the respondent sustained soft tissue injuries involving marked swelling and bruises on the forehead, marked neck and chest pain and cut wound on the right elbow joint and right knee joint. He was treated as an outpatient. The court made an award of Kshs 80,000/=. 14. In Lilian Anyango Otieno v Philip Mugoya Ogila [2022] eKLR, the court made an award of Kshs. 150,000/= under this head for moderate soft tissue injuries. Kitale SCC Claim. No. E047 of 2024 Page 3 of 7 Judgment

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15. The authorities above show that for soft tissue injuries comparable to soft tissue injuries sustained by the Claimant herein, courts make awards ranging from Kshs. 80,000/= to Kshs. 150,000/=. 16. Guided by the authorities cited above, and considering the fact that the Claimant’s injuries were assessed as grievous harm, this court is of the view that an award of Kshs. 150,000/= under this head would be sufficient compensation in the circumstances. (b) 17. Loss of income The Claimant prayed for compensation for loss of income. A reading of the Claimant’s Statement of Claim reveals that the proper claim that the Claimant was supposed to make was a claim for loss of future earnings/income since the Claimant alleged that he could no longer undertake farm work as he used to do before the Respondent assaulted him. 18. No evidence was led by the Claimant to prove the claim under this head. The Claimant needed to lead medical evidence to support the contents of his witness statement that as a result of the Respondent’s assault, he could not perform his farm work as before. 19. For the reasons above, the Claimant’s claim under this head is dismissed for want of proof. (c) 20. Special Damages The Claimant pleaded in his Statement of Claim filed herein for Special Damages of Kshs. 64,451/=. It is the law that parties are bound by their pleadings. The Claimant having pleaded for Special Damages of Kshs. 64,451/=, he can only be compensated to such an extent, and after proving that claim. 21. The Claimant sought to rely on the invoice from MTRH Eldoret (Cexh.2) and medical receipts from MTRH Eldoret to prove the claim for Special Damages. Kitale SCC Claim. No. E047 of 2024 Page 4 of 7 Judgment

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22. In Guardian Coach Ltd & another v Kiptoo (Civil Appeal 34 of 2020) [2022] KEHC 12397 (KLR) the court stated as follows on reliance on an invoice to prove Special Damages: From the record, the respondent produced various receipts, bills and invoices from various hospitals, health providers and chemist in proof of the cost of medical expenses pleaded. Notably however, it is a well settled principle of law that an invoice is not proof of payment. Special damages can only be proved by producing actual receipts or invoices endorsed with the word “Paid” (See: Total (Kenya) Limited Formally Caltex Oil (Kenya) Limited v Janevams Limited [2015] eKLR.) (Emphasis added). 23. A perusal of Cexh.2 shows that the amount of Kshs. 64,451/= raised in that invoice was paid. The receipts from MTRH Eldoret produced by the Claimant proved as much. 24. The foregoing shows that the Claimant pleaded and proved Special Damages of Kshs. 64,451/=. 25. Damages of Kshs. 6,600/=. 26. Costs of the Claim 27. 62. The general rule is that costs follow the event. The Claimant, having succeeded in his claim, he is entitled to costs. 28. 63. The Claimant submitted that the costs in this claim should be determined in accordance with the Advocates Remuneration Order. Counsel for the Claimant did not cite any legal foundation for that argument. 29. Costs in the Small Claims Court Act are assessed per Section 33 of the Small Claims Act which provides that:30. (1) The Court may award costs to the successful party in any proceedings. Kitale SCC Claim. No. E047 of 2024 Page 5 of 7 Judgment

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31. (2) In any other case parties shall bear their respective costs of the proceedings. 32. (3) Without prejudice to subsections (1) and (2), the Court may award to a successful party disbursements incurred on account of the proceedings. 33. (4) Except as provided in subsection (2), costs other than disbursements, shall not be granted to or awarded against any party to any proceedings before a Court. 34. 35. Rule 37 of the Small Claims Court Rules provides that in assessing costs recoverable under section 33 (1) of the Act, the Court shall be guided by the Second Schedule to these Rules. 36. The above provisions of the law did not import the application of the Advocates Remuneration Order into the Small Claims Court Act. The schedule contemplated in rule 37 above has not been enacted. Further, there are no practice directions on the application of the Advocates Remuneration Order in the Small Claims Court. 37. It is against this background that this court finds that, as of today, assessment of costs in the Small Claims Court is done through judicial discretion as guided by section 33 of the Small Claims Court Act. 38. Guided by section 33 of the Small Claims Court Act, taking into consideration the fees paid by the Claimant in filing documents in this matter, the number of court attendances, the time taken to conclude the matter, the award in this matter, and the fact that the claimant engaged an advocate, this court assesses the costs of this claim at Kshs. 50,000/= DISPOSITION Kitale SCC Claim. No. E047 of 2024 Page 6 of 7 Judgment

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39. The upshot of the foregoing is that judgment is entered against the Respondent in the following terms:(a) Liability 100% in favour of the Claimant (b)Repair costs - Kshs. 275,300/= (c) Loss of use - Kshs. 140,000/= Net Award 40. - Kshs. 415,300/= The award above being in the nature of special damages will accrue interest at court rate from the date of filing this claim till payment in full. 41. The Claimant will have the costs of this claim assessed at Kshs. 50,000/=. 42. Decree to issue forthwith. 43. It is so ordered. READ, SIGNED and DELIVERED in open court at Bungoma this 19 th day of June 2025 T.O. OMONO ADJUDICATOR In the presence of: Kitale SCC Claim. No. E047 of 2024 Page 7 of 7 Judgment

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