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
#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
- Jurisdiction invoked
- Original civil jurisdiction in a negligence/personal injury claim; interest awarded under section 26 of the Civil Procedure Act
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.