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Small ClaimsAllowedNot stated in the judgment as provided· [2025] SCC 29 (KLR)

Mwakio (Suing as the Legal Administrator Ad Litem of the Estate of the Late Hilton Mwakio - Deceased) v Mombasa Maize Millers Limited (Civil Case E073 of 2025) [2025] SCC 29 (KLR)

Small Claims Court
26 November 2025
1,229 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Voi court ordered a lorry owner to pay Kshs.830,000 for damaging a building, ruling an expert assessment alone can prove repair costs.

What this practically means

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Executive summary

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The claimant sued for Kshs.830,000/= being the assessed cost of structural damage to his commercial building after the respondent's Mitsubishi lorry (registration KCC XXXX) veered off the road and crashed into it on 8th February 2025. The accident was reported to police under OB 16/8/2/2025 and assessed by Rightend Appraisal Ltd in a report dated 7th April 2025. The matter proceeded by way of documents only pursuant to Section 30 of the Small Claims Court Act, with written submissions filed by both parties. The respondent denied liability, alleging the claimant erected his building on a road reserve and without approvals, and further suggested a motor cycle rider forced him to swerve. The court found the accident was not in dispute but that none of the particulars of negligence pleaded against the claimant were proved, as no report or letter from any government institution was produced. No third-party proceedings were taken out against the alleged motor cycle rider. The court held a building, being immovable, cannot be guilty of contributory negligence and found the respondent 100% liable. On quantum, the court applied the principle from the cited authorities that in material damage claims the claimant need only show the extent of damage and the restoration cost; the expert assessment sufficed and no contrary report was produced. The claim was allowed in full at Kshs.830,000/=, with costs and interest at court rates accruing from the date of filing until payment in full. Judgment was delivered virtually at Voi Small Claims Court on 26th November 2025.

Key legal issues

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01

Liability for the accident

Holding

The respondent was held 100% liable; particulars of negligence pleaded against the claimant were not proved.

Reasoning

The respondent admitted the accident occurred but blamed a motor cycle rider and alleged the claimant's building was on a road reserve without approvals. No evidence, report or letter from any government institution was produced to prove those particulars. No third-party proceedings were instituted against the alleged rider. The court found the claimant contributed nothing to the accident.

p. 2
02

Quantum of damages

Holding

The claim of Kshs.830,000/= per the Rightend Appraisal Ltd assessment report was allowed in full.

Reasoning

Relying on cited authorities, the court held that in material damage claims the claimant need only demonstrate the extent of damage and the cost of restoration; an assessor's report is sufficient proof and absence of repair receipts is not fatal. The assessment was by an expert and no contrary report was produced for comparison.

p. 3

Legal principles established

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  • In material damage claims, the claimant need only show the extent of damage and the cost of restoring the damaged item; an assessor's report is sufficient proof and failure to produce repair receipts is not fatal.
  • A building, being immovable, cannot be subjected to contributory negligence.

Court orders

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  1. 1.The claim contained in the statement of claim dated 5th September 2025 is allowed in the sum of Kshs.830,000/=.
  2. 2.Costs and interest at court rates is awarded to the claimant.
  3. 3.The interest to accrue from the date of filing the claim until payment in full.
Jurisdiction invoked
Section 30, Small Claims Court Act (matter proceeded by way of documents only)

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, "Mwakio (Suing as the Legal Administrator Ad Litem of the Estate of the Late Hilton Mwakio - Deceased) v Mombasa Maize Millers Limited (Civil Case E073 of 2025) [2025] SCC 29 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2025/29/eng@2025-11-26

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