Raiji v Chogoria Girls High School (Sued through Board of Governors Chogoria Girls Secondary School) (Civil Case 8 of 2017) [2026] KEMC 312 (KLR)
The bottom line
#A Kenyan court awarded a road accident victim Ksh. 83,000 against Chogoria Girls High School, but only expenses he could prove with receipts counted.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the plaintiff sustained injuries and suffered loss as a result of the accident
- 2.Whether the plaintiff is entitled to damages and if so, the nature and quantum thereof
- 3.Who should bear the costs of this suit?
Key legal issues
#Whether the plaintiff proved injury and entitlement to damages
The plaintiff proved injury on a balance of probabilities and, given the consent on liability (defendant 100% liable), is entitled to damages
Medical evidence showed the plaintiff sustained a deep cut wound on the left ear and was treated as an outpatient. There was no contrary evidence. Liability had been settled by consent adopting the finding in civil case No. 7 of 2017 in which the defendant was held 100% liable, so only quantum remained for determination.
Quantum of general damages for pain, suffering and loss of amenities
Ksh. 80,000/= awarded for a single deep cut wound on the left ear
The court applied established principles that damages compensate rather than enrich, awards must be commensurate with injuries, comparable injuries should attract comparable awards, inflation must be considered, and awards should not be inordinately high or low. Given the single injury and the age of comparable awards, Ksh. 80,000/= was held sufficient.
Proof of special damages
Only Ksh. 3,000/= for the medical report was awarded; the Ksh. 500/= motor vehicle search claim failed for want of strict proof
Special damages must be specifically pleaded and strictly proved, as stated in Nizar Virani and Ouma v Nairobi City Council quoting Ratcliffe v Evans. Of the pleaded items, only the medical report claim was proven, so only that sum was awarded.
Interest on damages
Interest on general damages from date of judgment; interest on special damages from date of filing suit
Relying on section 26 of the Civil Procedure Act and authorities 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 at judgment.
Legal principles established
#- Special damages must be specifically pleaded and strictly proved
- Interest on special damages runs from the date of loss/filing of suit 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. 80,000/=
- 2.Special damages of Ksh. 3,000/= (medical report)
- 3.Interest on general damages at court rates from the date of judgment/decree until payment in full
- 4.Interest on special damages from the date of filing suit to the date of judgment
- 5.Costs of the suit to the plaintiff
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original civil jurisdiction in a negligence/personal injury claim; interest awarded under section 26 of the Civil Procedure Act
Relief refused
#Special damages of Ksh. 500/= for motor vehicle search
Only the medical report claim was strictly proved; the motor vehicle search claim was not proven
Costs
The plaintiff is awarded costs of the suit
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
1. General damages for pain, sufiering and loss of amenities...........Ksh. 80,000/= 2. Special damages………………………………………………………………………..…..Ksh. 3,000/= Total…………………………………………………………………………….………………....…..Ksh. 83,000/=
The plaintifi is also awarded interest on the damages as well as costs of the suit.
interest rates on special damages should be with efiect from the date of the loss till payment in full while with regard to general damages this should be from the date of judgement
It is trite law that special damages must bespecifically pleaded andstrictly proved.
It is well established that the assessment of quantum of damages in a claim for general damages is a discretionary exercise and that such discretion must be exercised judicially having regard to the facts of the case within the context of existing legal principles.
Issues in the judgment
#The judgment records the consent on liability as adopted on 16/2/2026 and a further consent on 5/5/2026, yet the suit was filed on 25/1/2017 and judgment delivered on 9/6/2026 - the year 2026 for the consents may be a typographical error
The plaintiff pleaded special damages of Ksh. 3,500/= in the plaint but urged Ksh. 3,550/= in submissions; the court awarded only Ksh. 3,000/= as proven
The claim for motor vehicle search costs (Ksh. 500/=) appears to have failed but the court's disposition does not expressly state it is refused
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Raiji v Chogoria Girls High School (Sued through Board of Governors Chogoria Girls Secondary School) (Civil Case 8 of 2017) [2026] KEMC 312 (KLR)", Case Analysis (2026). Not stated in judgment (suit filed 25/1/2017). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/312/eng@2026-06-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.