Mwamburi v Agrails Ltd & another (Civil Case E088 of 2025) [2025] SCC 25 (KLR)

The parties reached a consent on liability in the ratio of 90:10 in favour of the claimant, which the court adopted. The adjudicator held that the adopted consent was the judgment of the court on liability, so no further factual inquiry into negligence was required. The claimant was a lawful pillion passenger injured when the respondent's motor vehicle, allegedly over-speeding, failed to keep a safe distance, lost control and hit her from the rear.

The court applied the principle that comparable injuries should attract comparable awards, guided by decided cases. It found the respondent's cited authorities (Patrisia Adhiambo and Kimatu Mbuvi) not comparable because the claimant suffered 10% permanent disability and the older case was 19 years old. Authorities involving tibia, fibula, radius and ulna fractures with awards of Kshs.600,000/= to Kshs.3,000,000/= were found to involve more severe injuries, so Kshs.600,000/= was appropriate considering effluxion of time.

Special damages of Kshs.3,550/= for medical report, medical expenses and motor vehicle search were pleaded and proved by receipts. Future medical expenses of Kshs.188,000/= estimated by Dr. Wisdom were allowed on the authority of Michael Hubert Kloss, the court finding the estimates explained in detail in the medical report, reasonable, and unobjected to.

The court applied the principle that costs follow the event. Having succeeded on the claim, the claimant was awarded costs of the claim together with interests from the date of judgment until payment in full.