Company v Maluki & 2 others (Claim E4585 of 2024) [2025] SCC 68 (KLR)
The bottom line
#A Kenyan insurer that compensated its client can sue the driver who caused the accident and recover the full repair costs, plus interest and costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the 2nd Respondent was liable for the accident
The 2nd Respondent was held 100% liable; the police abstract established the accident and beneficial ownership, and the rear-end collision created a prima facie case of negligence that the 2nd Respondent did not rebut.
The police abstract showed the accident was reported at Parklands Police Station and that the 2nd Respondent was the beneficial owner of KCT 193 P. No evidence controverted this. The assessment report confirmed the claimant's vehicle was hit from behind. Citing Atanga v Rojeh and Orioki v Kevian Kenya Limited, the court held that a rear-end driver is presumed negligent, and the 2nd Respondent adduced no evidence to dislodge that presumption.
Whether the special damages of Kshs. 147,400/= were payable
Special damages of Kshs. 147,400/= were pleaded and strictly proved by receipts and were awarded.
Special damages must be pleaded and strictly proved. The claim was particularised as repair costs of Kshs. 130,000/= and tracing costs of Kshs. 17,400/=. Receipts filed proved that the claimant's insurer expended the claimed sum in making good the insured's loss, satisfying the strict proof requirement, and the amount was awarded with interest.
Legal principles established
#- Under subrogation, a claimant must prove on a balance of probabilities that the insurer compensated the insured's loss and that a third party caused the accident
- A driver who hits another vehicle from behind bears a prima facie case of negligence unless rebutted
- Special damages must be pleaded and strictly proved before being awarded
Court orders
#- 1.Liability 100% in favour of the Claimant
- 2.Judgment in the sum of Kshs. 147,400/= against the 2nd Respondent
- 3.Interest on Kshs. 147,400/= at court rates from the date of filing the claim till payment in full
- 4.Costs of the claim assessed at Kshs. 30,000/= payable by the 2nd Respondent to the Claimant
- 5.Claimant to pay the 1st Respondent and the Third Party costs of Kshs. 30,000/= each, following withdrawal of the claim against the 1st Respondent
- 6.Certificate of costs and decree to issue forthwith
- 7.File closed
- Jurisdiction invoked
- Section 30 of the Small Claims Court Act (the Act), elected by the Claimant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Company v Maluki & 2 others (Claim E4585 of 2024) [2025] SCC 68 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2025/68/eng@2025-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.