By BOB WASWANI
March 22, 2026| A boda boda rider who was left with a fractured arm and head injury after colliding with a vehicle belonging to the Kakamega County Government has secured a significant boost in compensation after the High Court ruled that the initial award was too low.
Patrick Matseshe Wasulu’s compensation has been increased from Sh200,000 to Sh300,000, bringing his total award, including special damages, to Sh309,375. The ruling, delivered by Justice Stephen Mbungi at the High Court in Kakamega on March 17, partially granted Wasulu’s appeal against a 2024 judgment by the Mumias Chief Magistrate’s Court.
However, in a decision that will likely leave the rider with mixed feelings, the court upheld the trial magistrate’s finding that both parties were equally to blame for the accident, maintaining a 50:50 apportionment of liability.
The Accident
According to court records, Wasulu was riding his motorcycle, registration number KMFR 539L, along the Mumias-Kakamega road on the evening of April 4, 2023, when he was involved in a collision with a Toyota Prado, registration number 37CG 222A, owned by the Kakamega County Government.
He sustained a head injury with brief loss of consciousness, a fracture of the right humerus, bruises on the right hand and both knees, and a cut wound on the right foot.
In a judgment delivered on June 27, 2024, Mumias Chief Magistrate T.A. Obutu apportioned liability at 50:50 and awarded Wasulu Sh400,000 in general damages. After the 50:50 split, the rider was entitled to Sh200,000, plus Sh9,750 in special damages.
The Appeal
Dissatisfied, Wasulu appealed to the High Court, arguing that the trial magistrate had erred in both liability and quantum. He contended that the county driver was solely to blame for crossing into his lane and that the compensation awarded was inordinately low given the severity of his injuries.
The Kakamega County Government opposed the appeal, maintaining that the rider was at fault for failing to keep to his lane, lacking a valid driving license, and riding an uninsured motorcycle.
High Court Decision
Delivering judgment on March 17, 2026, Justice Mbungi upheld the 50:50 liability apportionment, citing the conflicting evidence from both sides.
Wasulu testified that he was riding from Mumias towards Shianda when the county vehicle, coming from Kakamega, left its lane and hit him. However, the driver, Feslin Khayumbi Likuyani, testified that he was driving from Kakamega to Mumias when the motorcycle veered into his lane. The investigating officer, PC Erick Otwani, corroborated the driver’s account and stated that Wasulu had been charged with careless driving, though he did not produce the police file or sketch plan to support his testimony.
“The conflicting directions and lane usage were not resolved by independent evidence,” Justice Mbungi observed. Citing the longstanding principle in Lakhamshi v Attorney General [1971] EA 118, the judge held that where it is impossible to ascertain precisely who is to blame, liability should be shared equally.
However, on the question of quantum—the amount of damages—the judge found that the trial court’s award was inordinately low.
Citing comparable cases where victims with similar injuries received between Sh450,000 and Sh500,000, Justice Mbungi set the general damages at Sh600,000. After applying the 50:50 apportionment, Wasulu is now entitled to Sh300,000 in general damages, up from Sh200,000. His special damages were adjusted to Sh9,375, bringing his total award to Sh309,375.
“The appeal succeeds in part on quantum,” the judge ruled.
Costs and Next Steps
The court awarded Wasulu half the costs of the appeal, as well as full costs from the lower court judgment. Interest will accrue from the date of the lower court judgment.
Wasulu now has 30 days to appeal the decision should he wish to challenge the liability finding further.