Orindo v Trail Link Group Limited (Civil Suit E002 of 2026) [2026] SCC 237 (KLR) (2 September 2026) (Judgment) Neutral citation: [2026] SCC 237 (KLR) REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT MALABA CIVIL SUIT E002 OF 2026 AZ OGANGE, RM SEPTEMBER 2, 2026 BETWEEN SARAH AWINO ORINDO ....................................................................... PLAINTIFF AND TRAIL LINK GROUP LIMITED ......................................................... DEFENDANT JUDGMENT 1. Vide a Plaint dated 16th January 2026 and amended on 28th January 2026, the Plainti instituted this Suit against the Defendant herein and sought that judgment be entered for general damages for pain, suering and loss of amenities, special damages, cost of future medication, costs of the suit plus interest and any other relief that this court may deem t and just to grant. 2. The brief facts of the case are that on or about the 25th day of November 2025 the Plainti was lawfully travelling as a pillion passenger aboard motorcycle registration number KMGD 799L along Bungoma Malaba Road and that around stage mbili area, the Defendant’s Motor Vehicle Registration Number KBP 076K hauling trailor registration number ZE8102 was driven negligently, carelessly and recklessly causing it to lose control and veer o its lane causing it to knock Motor Cycle registration number KMGD 799L as a result the Plainti sustained serious bodily injuries. 3. The suit is opposed vide a Statement of Defense dated 6th February 2026 wherein the Defendant denies the Claim in its entirety That in the alternative and without prejudice, the defendant avers that if an accident occurred which is denied, then the same was occasioned by the contributory negligence of the Plainti. The Defendant denies the doctrine of res ipsa loquitor and relies on the doctrine of volenti non-t injuria. 4. The Plainti has led a Reply to Statement of Defense dated 11th February 2026 reiterating contents of the Plaint and denying the particulars of negligence as enumerated in the defence. https://new.kenyalaw.org/akn/ke/judgment/scc/2026/237/eng@2026-09-02 1
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5. This matter came up for hearing on 8th July 2026 when Ms Soita Counsel for the Plainti and Ms. Achieng Counsel for the Defendant entered into a consent on liability with the same being apportioned in the ratio 90:10 in favor of the Plainti against the Defendant. 6. The Plainti called one Sarah Awino Orindo as a witness and who adopted her witness statement of 16th January 2026 as her evidence in chief and produced documents as per her list of documents of even date and further list of documents dated 28th January 2026 as exhibits. She testied that she was yet to recover having sustained injuries and having lost four teeth. She testied that she requires further treatment. 7. There was no cross-examination for this witness and this marked close of the Plainti’s case. A second medical report by Dr. Patel dated 16th June 2026 was produced by consent as DEXH 1 and this marked close of the defense case. 8. Parties were granted 14 days each to le written submissions for consideration by the court and the matter was set down for mention on 5th August 2026. Upon conrming ling of submissions by both Counsel the court reserved the matter for judgment on 2nd September 2026. Issues for Determination Special Damages 9. On special damages, In Herbert Hahn v Amrik Singh [1985] eKLR, the court of appeal held as follows: “ Special damages must not only be specically claimed (pleaded) but also strictly proved…. for they are not the direct natural or probable consequence of the act complained of and may not be inferred from the act. The degree of certainty and particularity of proof required depends on the circumstances and nature of the acts themselves.” 10. I note that the Plainti has sought for a total of Kshs. 8,550/= which has been pleaded at paragraph 8 of the Plaint. The court has perused the record and nds that PEXH 3 proves expenses to a tune of Kshs. 1,950/= and Exhibits 6 and 9 proves the damages under this head totaling to Kshs. 6,550. The Defense in submissions concede to the damages having been proven by way of receipts. To this end, it is the nding of the court that the prayer for special damages has been and proven to the tune of Kshs. 8,500/= which this court awards. Quantum a. General Damages 11. The Plainti through his counsel has submitted that an award of Kshs. 800,000/= is sucient under this head. The defendant on the other hand submits that a sum of Kshs. 500,000/= would be sucient under this head. 12. It is alleged that the Plainti suered the following injuries, blunt injury to the occipital scalp, dental injury with fracture ve upper teeth (11, 12, 21, 22 & 13) with loose four lower incisors, cut wound on lower lip, bruises on the face with cut wounds, blunt injury to the left cheek and left ear, blunt injury to the neck, bruises on the right shoulder, blunt injury to the lower abdomen, blunt injury to the chest, bruises on the right hand, bruises and blunt injury to both knees. These ndings can be discerned from the medical report of Dr Sokobe dated 1st December 2025 and produced as PEXH 6 and that of Dr. Patel dated 16th June 2026 and produced as DEXH1. https://new.kenyalaw.org/akn/ke/judgment/scc/2026/237/eng@2026-09-02 2
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13. In assessing damages, the general method of approach should be that comparable injuries should as far as possible be compensated by comparable awards but it must be recalled that no two cases are exactly alike. 14. In the case of Njuguna v Shikalai (Civil Appeal E143 of 2022) [2026] KEHC 3395 (KLR) (16 March 2026) (Judgment): The court sitting on Appeal upheld the trial Court’s award of damages of Kshs. 400,000/= where the Respondent sustained the following injuries; cut wound on the upper lip, bruises on the left cheek, traumatic avulsion of one tooth with loose three lower incisors due to blunt trauma, blunt injury to the chest, blunt injury to the left shoulder, blunt injury for the right knee, blunt injury to the to the lower limb. 15. The authorities cited by both the court and the Plainti are distinguishable from the present matter insofar as they relate to comparatively less severe injuries than those sustained herein being that the Plainti in both those matters lost three lower incisors. The authority relied on by the defendant reects more severe injuries in terms of the number of teeth lost that is the ve lower incisors but fails to take into account the other injuries occasioned to the Plainti for example the blunt injury to the occipital scalp, bruises on the face, injuries on the right shoulder, bruises and blunt injury to both knees. Further the authorities relied upon by the Plainti, the Defendant and the Court are relatively recent and they do reect the prevailing trend in awards for comparable injuries. Consequently, while the said authorities have duly been considered, this court is not bound to apply the awards therein mechanically and must instead exercise its discretion judiciously having regard to the nature of injuries proved, the passage of time, inationary trends and the principle that comparable injuries should attract comparable awards. It is therefore the nding of the court that an award of Kshs 600,000/= is sucient and just in the circumstances. 16. With regard to the prayer for future medical expenses it is the nding of the court that it was specically enumerated in the medical report of Dr. Sokobe dated 1st December 2025 and assessed at Kshs. 200,000/=. The defence conceded this claim in its submissions. Accordingly, the court awards Kshs. 200,000/= as prayed. 17. The Plainti shall have costs of the suit together with interest on general damages at court rates from the date of judgment until payment in full and interest on special damages from the date of ling of suit until payment in full. Conclusion. 18. The upshot of my ndings above is that judgment be and is hereby entered in favor of the Plainti against the Defendant in the following terms: - a. Liability is apportioned in the ratio 90:10 in favor of the Plainti against the Defendant b. Special Damages- Kshs. 8,500/= c. General Damages- Kshs. 600,000/= d. Future Medical Expenses- Kshs. 200,000/= Total Amount- Kshs. /= 808,500 https://new.kenyalaw.org/akn/ke/judgment/scc/2026/237/eng@2026-09-02 3
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Less 10% Contribution- Kshs. 80,850/= Net award-Kshs. 727,650/= e. Costs of the suit f. Interest on (b) and (d) from the date of ling of suit until payment in full g. Interest on (c) from the date of judgment until payment in full JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY AT MALABA SENIOR PRINCIPAL MAGISTRATES COURT THIS 2ND DAY OF SEPTEMBER, 2026. In the Presence of Ms. Soita for the Plainti Ms. Achieng for the Defendant Court Assistant: Paul Otieno A.Z. OGANGE RESIDENT MAGISTRATE PARA 02. 09.2026 https://new.kenyalaw.org/akn/ke/judgment/scc/2026/237/eng@2026-09-02 4
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CMCC NO E002 of 2026 Hon. A. Z Ogange-RM pg. 4 https://new.kenyalaw.org/akn/ke/judgment/scc/2026/237/eng@2026-09-02 Judgment 5
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