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MagistratePartially AllowedNot stated in judgment· [2026] KEMC 169 (KLR)

Nguyo v SGA Mombasa Limited (Civil Case 1516 of 2021) [2026] KEMC 169 (KLR)

Chief Magistrate's Court (Magistrate's Court, Mombasa)
25 June 2026
EMEMILY M. MWAMUYE
1,291 words in judgment
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The bottom line

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A Mombasa court held a driver 100% liable for a rear-end crash and awarded Kshs. 560,730, but only for expenses proved with receipts.

What this practically means

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Executive summary

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This first-instance decision of the Senior Resident Magistrate's Court at Mombasa determined a civil suit arising from a road traffic accident on 23rd September 2018 along the Old Mombasa-Malindi Road, in which the Plaintiff, beneficial owner of motor vehicle KCH 547R, claimed special damages of Kshs. 591,780/= from the Defendant, sued as driver/beneficial owner of motor vehicle KAV 916M. The Defendant denied liability and alleged the Plaintiff drove into its vehicle from behind while intoxicated. The court framed three issues: negligence, entitlement to special damages, and costs. On liability, the court found the Plaintiff's evidence consistent and corroborated by the Police Abstract and ownership records; the rear-collision presumption was held rebuttable, and the intoxication allegation was unsupported by breathalyser, medical, toxicology or independent evidence. Liability was entered at 100% against the Defendant. On quantum, the court awarded repair costs (Kshs. 504,275/=), towing (Kshs. 30,000/=), tracing fees reduced to Kshs. 17,095/=, assessment fees (Kshs. 6,860/=) and re-inspection fees (Kshs. 2,500/=), totaling Kshs. 560,730/=. The claim for loss of use of Kshs. 30,000/= was declined for failure to meet the strict proof required, applying David Bagine v Martin Bundi. The court entered judgment for the Plaintiff with interest at court rates from the date of filing suit and awarded the Plaintiff the costs of the suit. The suit thus succeeded partially, on the special damages proved.

Key legal issues

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01

Liability for the road traffic accident

Holding

Plaintiff proved negligence on a balance of probabilities; Defendant 100% liable

Reasoning

The Plaintiff's evidence was consistent and corroborated by the Police Abstract and ownership records. The Defendant's rear-collision presumption was rebuttable and unsupported by independent evidence; no investigating officer, investigation report, breathalyser, medical or toxicology evidence was produced to substantiate intoxication or speeding.

p. 3
02

Entitlement to special damages

Holding

Awarded Kshs. 560,730/= out of Kshs. 591,780/= claimed; loss of use declined and tracing fees reduced

Reasoning

Repair costs, towing, assessment and re-inspection fees were specifically pleaded and strictly proved by receipts and reports. Loss of use lacked documentary proof of earnings or hiring agreements, and per David Bagine v Martin Bundi must be specifically pleaded and strictly proved. Tracing fees were reduced to the amount the vouchers actually supported.

p. 4

Legal principles established

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  • A police abstract is not conclusive proof of liability but is relevant evidence to be considered with the totality of the evidence
  • The presumption of negligence against a driver who collides with a vehicle from behind is rebuttable
  • Allegations of intoxication must be supported by evidence
  • Special damages must be specifically pleaded and strictly proved

Court orders

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  1. 1.Liability apportioned at 100% against the Defendant
  2. 2.Special damages of Kshs. 560,730/= awarded to the Plaintiff
  3. 3.Interest on special damages at court rates from the date of filing suit until payment in full
  4. 4.Costs of the suit awarded to the Plaintiff
Jurisdiction invoked
First-instance civil suit on negligence and special damages arising from a road traffic accident (Plaint filed 25th September 2021)

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, "Nguyo v SGA Mombasa Limited (Civil Case 1516 of 2021) [2026] KEMC 169 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/169/eng@2026-06-25

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