By BOB WASWANI
February 20, 2026| The High Court in Kakamega has reduced compensation awarded to a boda boda rider from Ksh300,000 to Ksh200,000 after finding that the trial magistrate erroneously considered lost teeth that were not caused by the accident.
Justice A.C. Bett allowed an appeal by Maxwell Ingosi Shiabulo, who was sued by James Shikwati following a road accident along the Mumias-Kakamega road.
Shikwati had filed a plaint dated October 20, 2022, claiming he was lawfully riding motorcycle registration KMFX 207W when Shiabulo, driving motor vehicle KCJ 684Z, a Toyota Hiace, lost control and hit him, causing severe injuries.
The matter proceeded to full hearing, and on March 28, 2024, Chief Magistrate T. Obutu held Shiabulo 100 per cent liable for the accident. The court awarded Shikwati Ksh300,000 in general damages and Ksh7,850 in special damages.
Dissatisfied, Shiabulo appealed, arguing the quantum was excessive.
In his judgment, Justice Bett noted that the trial magistrate, in awarding Ksh300,000, had expressly relied on the finding that Shikwati had lost six teeth among other injuries.
However, upon re-evaluating the pleadings and medical evidence, the High Court found the alleged loss of teeth was not a result of the accident.
“The injuries pleaded and proven were: head injury with mild loss of consciousness, blunt injury to the head, blunt injury to the chest, blunt injury to the left knee, and lacerations on the left leg,” the judge stated.
Medical reports by Dr Joseph Sokobe dated August 22, 2022, classified these as soft tissue injuries from which Shikwati recovered well, with healed scars on the left leg and mild tenderness on the chest. A report by Dr Steve Ochieng dated May 23, 2023, confirmed blunt injuries to the chest, left knee, ankle and bruises, with a healed hypertrophic scar on the left knee.
“The alleged loss of teeth stated in the judgment was not a result of the accident. It was a routine finding made by the appellant’s doctor upon a physical examination of the respondent,” Justice Bett ruled.
Citing the principles for appellate interference with quantum from the case of Kemfro Africa Limited t/a Meru Express Service Gathogo Kanini v A.M.M. Lubia & Another, the court found the Ksh300,000 award was “manifestly excessive” and fell outside the range of comparable awards for similar injuries.
The judge referred to several comparable cases: In Justine Nyamweya Ochoki & another v Jumaa Karisa Kipingwa [2020], the court set aside Ksh300,000 and awarded Ksh150,000 for blunt object injuries to the lower lip, chest and left wrist. In Pascal v Ouko [2023], the court reduced an award from Ksh200,000 to Ksh150,000 for multiple blunt traumas including chest contusion and lacerations.
“Considering the respondent suffered a mild loss of consciousness and was left with a residual scar, his injuries went beyond mere soft tissue injuries. Nevertheless, his recovery was without permanent incapacity — an award of Kshs. 200,000/= would be appropriate and commensurate with the injuries sustained,” the judge ruled.
The court set aside the trial court’s award of Ksh300,000 and substituted it with Ksh200,000. Shiabulo was awarded half the costs of the appeal.
The judgment highlights the importance of accurate medical evidence in personal injury claims and the appellate court’s role in ensuring consistency in damages awards.