Cyrus Kanyi v Consolata Hospital & another [2017] KEHC 2422 (KLR)

Facts

The plaintiff, Cyrus Kanyi, was involved in a road traffic accident on 8th December 1999, resulting in multiple fractures. He was treated at Nyahururu District Hospital and later transferred to Consolata Hospital, where he was operated on by Dr. John Maganga. The plaintiff claims the operations were botched and caused complications.

Issues

1. Whether the plaintiff suffered any loss of income
2. Whether the plaintiff incurred special damages
3. Whether the plaintiff will require future medical expenses
4. Whether the plaintiff is entitled to pain and suffering damages
5. Whether the plaintiff is entitled to costs and interest

Reasoning

The court finds no credible evidence of loss of income and awards special damages based on the pleaded amount. Future medical expenses are awarded a global figure due to the difficulty in determining the exact amount.

Outcome

In favour of the plaintiff