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MagistratePartially AllowedKitale SCC Claim No. E036 of 2024

Makokha v Dessra Ventures Limited (Civil Case E519 of 2024) [2025] KEMC 453 (KLR)

Small Claims Court / Magistrates' Court (Kenya)
25 November 2025
TOT.O. Omono
1,564 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan Small Claims Court awarded a Bungoma accident victim KShs 157,270 after holding the driver who hit him from behind 100% liable.

What this practically means

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Executive summary

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The Plaintiff sued for damages arising from a road traffic accident in which, while pushing a tuktuk along the Bungoma-Mumias road near Musikom area, he was allegedly hit from behind by the Defendant's motor vehicle KDD 185 L. He sought general damages, special damages of Kshs. 7,270/=, costs and interest. The Defendant, though served, neither entered appearance nor filed a defence; interlocutory judgment was entered and the matter proceeded by formal proof. PW1, the Plaintiff, adopted his witness statement and produced his documents; PW2, a police officer, confirmed the accident and produced the police abstract. The court framed two issues: liability and quantum. On liability, the uncontroverted evidence that the Plaintiff was struck from behind established a prima facie case of negligence against the Defendant's driver, relying on the principle from Atanga v Rojeh and Orioki v Kevian Kenya Limited that a rear-end collision shifts the burden to the driver behind to displace negligence. With no rebuttal, the Defendant was held 100% vicariously liable. On quantum, medical documents proved soft tissue injuries with full recovery expected. The Plaintiff's proposed award of Kshs. 500,000/= based on Carolyn Indasi Mwonyonyo was distinguished as involving more severe injuries. Guided by comparable awards, particularly Mangenge v Masai, the court awarded Kshs. 150,000/= in general damages. Special damages of Kshs. 7,270/= were pleaded and proved by receipts. Judgment was entered for a total of Kshs. 157,270/=, with interest on general damages from judgment and on special damages from filing suit, plus costs to the Plaintiff.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Liability for the road traffic accident
  2. 2.Quantum of damages (general damages for pain and suffering and special damages)

Key legal issues

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01

Liability for the accident

Holding

The Defendant was found 100% vicariously liable for the accident

Reasoning

The Plaintiff's uncontroverted evidence was that he was knocked from behind while pushing a tuktuk. Relying on the principle that a driver who hits an object or person from behind creates a prima facie case of negligence, and in the absence of any defence evidence to rebut it, the court held the Defendant's driver negligent and the Defendant vicariously liable in full.

p. 4
02

Quantum - general damages for pain and suffering

Holding

Kshs. 150,000/= awarded for moderate soft tissue injuries

Reasoning

Medical documents proved soft tissue injuries with full recovery expected and no incapacity. The authority urging Kshs. 500,000/= was distinguished as involving more severe injuries. Guided by comparable awards, particularly the recent Mangenge case awarding Kshs. 150,000/= for moderate soft tissue injuries, the court awarded Kshs. 150,000/=.

p. 6
03

Quantum - special damages

Holding

Special damages of Kshs. 7,270/= pleaded and proved

Reasoning

The Plaintiff pleaded special damages of Kshs. 7,270/= as particularized in the Plaint, and produced receipts proving the same. The court therefore found that special damages were both pleaded and proved.

p. 7

Legal principles established

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  • A driver who hits another vehicle, object or person from behind bears a prima facie case of negligence which he must rebut
  • Comparable injuries attract comparable awards in assessing general damages

Court orders

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  1. 1.Judgment entered against the Defendant on 100% liability in favour of the Plaintiff
  2. 2.General damages of Kshs. 150,000/= awarded
  3. 3.Special damages of Kshs. 7,270/= awarded (total award Kshs. 157,270/=)
  4. 4.General damages to accrue interest at court rate from date of judgment till payment in full
  5. 5.Special damages to accrue interest at court rate from date of filing suit till payment in full
  6. 6.Plaintiff awarded costs of the suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

TO
majority

Wrote the judgment

Jurisdiction invoked
Original civil claim in tort (road traffic accident) heard on formal proof after interlocutory judgment

Relief refused

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General damages claim of Kshs. 500,000/= as urged by the Plaintiff

The court found the authority relied upon inapplicable and the injuries less severe; it awarded Kshs. 150,000/= instead

p. 6

Costs

The Plaintiff will have the costs of this suit.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

a) Liability………………………………………100% in favour of the Plaintiff b) General Damages…………………...………Kshs. 150,000/= c) Special Damages……………………...…….Kshs. 7,270/= Total Award…………………………………Kshs. 157,270/=
p. 7Final orders/disposition
A person who is in control of a motor vehicle and proceeds to hit another vehicle from behind creates a burden for himself to prove that he was not negligent.
p. 4Prima facie negligence in rear-end collisions
It is well settled in this jurisdiction that comparable injuries attract comparable awards.
p. 5Principle for assessment of general damages

Issues in the judgment

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minor

The pleading states the accident occurred on 23rd November 2025, which post-dates the suit filed 4th December 2024 and the police abstract of 26th November 2024, indicating a typographical error in the year of the accident

minor

Conflicting dates in the medical documents relied on for quantum - treatment notes dated 14th September 2024 and P3 form dated 16th September 2024 predate the pleaded accident date of 23rd November 2024

minor

The judgment refers to injuries set out in paragraph 7 of the Plaint at one point and paragraph 5 of the Plaint at another

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Makokha v Dessra Ventures Limited (Civil Case E519 of 2024) [2025] KEMC 453 (KLR)", Case Analysis (2025). Kitale SCC Claim No. E036 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/453/eng@2025-11-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.