EWM (Minor Suing through Next Friend MKW) v Sammy & 2 others (Civil Case E078 of 2022) [2025] KEMC 258 (KLR)
The bottom line
#A Kenyan court awarded a girl injured by a motorcycle over Ksh. 1 million, but cut her claim where she couldn't prove the loss.
What this practically means
#Executive summary
#Key legal issues
#Quantum of general damages for pain, suffering and loss of amenities
An award of Ksh. 1,200,000/= was appropriate given grievous-harm injuries, 15% permanent disability, the age of comparable awards and inflation.
The court applied the established principles that damages compensate rather than enrich, that comparable injuries should attract comparable awards, and that inflation must be considered. The plaintiff's authorities involved more severe but comparable injuries while the defendant's involved less severe injuries. Two further comparators were considered, supporting Ksh. 1,200,000/=.
Special damages
Special damages of Ksh. 91,500/= awarded, being proved medical expenses of Ksh. 85,500/= plus proved medical report charges, less the unproved amount claimed.
Special damages must be specifically pleaded and strictly proved. The proved medical expenses amounted to Ksh. 85,500/= and the medical report charge was sufficiently proven, so the full pleaded sum of Ksh. 92,600/= was not awarded but Ksh. 91,500/=.
Damages for diminished/reduced earning capacity
The claim for diminished earning capacity was dismissed as there was no basis for the award.
Loss of earning capacity, though part of general damages, must be proved on a balance of probabilities. The plaintiff was 8 years old at the time of the accident; no medical evidence showed she could not work in future; no further medical examination occurred after 24/2/2022; and the plaintiff made no submissions on this head.
Interest on damages
Interest on general damages accrues from the date of judgment; interest on special damages accrues from the date of filing suit.
Relying on section 26 of the Civil Procedure Act and case law including Jane Wanjiku Wambui and Omunyokol Akol Johnson, the court held that interest on special damages runs from the date of loss while interest on general damages runs from the date of judgment since general damages are only ascertained in the judgment.
Legal principles established
#- Special damages must be specifically pleaded and strictly proved.
- Loss of earning capacity falls within general damages but must still be proved on a balance of probabilities and there must be a basis for the award.
- Interest on special damages runs from the date of loss, while interest on general damages runs from the date of judgment.
Court orders
#- 1.General damages for pain, suffering and loss of amenities of Ksh. 1,200,000/=
- 2.Special damages of Ksh. 91,500/=
- 3.Total award of Ksh. 1,291,500/= less 15% contribution of Ksh. 193,725/=, balance of Ksh. 1,097,775/= due to the plaintiff
- 4.Interest on general damages at court rates from the date of judgment/decree until payment in full
- 5.Interest on special damages from the date of filing suit to the date of judgment/decree
- 6.Costs of the suit awarded to the plaintiff
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over a road traffic accident claim (Civil Procedure Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "EWM (Minor Suing through Next Friend MKW) v Sammy & 2 others (Civil Case E078 of 2022) [2025] KEMC 258 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/258/eng@2025-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.