By BOB WASWANI
March 2, 2026| The High Court at Siaya has affirmed that Climax Coaches Limited and its driver, James Kipkirui Chepkwony, are 100% liable for a December 2021 road accident that seriously injured boda boda rider Richard Okumu Ogaga and claimed the life of his pillion passenger.
In a February 27, 2026, judgment, Justice D.K. Kemei dismissed the company’s appeal on liability and general damages but overturned Ksh200,000 awarded for future medical expenses.
The crash happened on December 19, 2021, along the Siaya-Luanda road near Karapul. Ogaga was riding motorcycle KMFA 027H when a Scania bus KCE 106X, operated by Climax Coaches—a popular transport brand in Western Kenya—struck it from behind while attempting to overtake two motorcycles at a road bump. Police blamed the bus driver for failing to maintain a safe distance. He faced charges of causing death by dangerous driving.
Ogaga suffered a left clavicle fracture, left shoulder dislocation, head lacerations, and soft tissue injuries. He lost consciousness and received treatment at Siaya County Referral Hospital. His pillion passenger died instantly.
In the trial court (Siaya CMCC No. E014 of 2022), Magistrate Hon. B. Limo ruled on October 11, 2024, holding Climax Coaches and Chepkwony jointly liable. Awards included Ksh350,000 general damages, Ksh200,000 future medical costs, Ksh3,550 special damages, plus interest and costs.
Climax Coaches appealed (Civil Appeal No. E052 of 2025), contesting full liability, claiming excessive damages, unproven future expenses, and ignored submissions.
Justice Kemei upheld liability, citing evidence from Ogaga and Traffic Officer Pc Christian Onyango (PW2). The bus hit from behind, indicating negligence in speed and lookout. Appellants offered no rebuttal witnesses, including the driver. “The failure… implies that the version of events… must be believed,” the judge noted, aligning with traffic rules on safe distance.
General damages of Ksh350,000 were deemed reasonable, considering injuries and inflation. The court reviewed cases: appellants cited Ksh200,000 awards for similar shoulder issues; Ogaga referenced Ksh350,000 for clavicle fractures and dislocations in recent rulings like Jaldesa Dida (Machakos HCCA No. 96 of 2021). The award aligned with precedents and was not excessive.
Future medical expenses were set aside as special damages requiring specific pleading and proof. Ogaga’s plaint vaguely deferred to the court; medical testimony suggested Ksh200,000 for surgery but lacked quotations or breakdowns. Citing Kenya Bus Services Ltd vs Gituma [2004] 1 EA 91, the judge ruled it unproven.
The appeal partially succeeded only on future costs. Ksh350,000 general damages, special damages, and lower court costs stand. Appeal costs split: appellants get half.
This ruling comes as Climax Coaches faces scrutiny following a December 13, 2025, head-on collision on the Nairobi-Nakuru Highway at Karai, Naivasha, where former Lugari MP Cyrus Jirongo died. The bus driver claimed he braked to avoid worse harm to passengers; company statements denied wrongdoing amid ongoing investigations and CCTV debates.
The Siaya decision reinforces accountability in road safety cases, particularly for established operators like Climax Coaches in Western Kenya.