David v Kiarie & another (Civil Case 245 of 2018) [2025] KEMC 280 (KLR) (18 November 2025) (Judgment)

Facts

An accident occurred on 11/5/2017 at Kenani area along Nairobi-Mombasa road involving motor vehicle registration number KCF 086J. The plaintiff, Teresa Kanini David, was a passenger in the accident motor vehicle and sustained injuries.

Issues

1. Whether an accident occurred on 11/5/2017 at Kenani area along Nairobi-Mombasa road involving motor vehicle registration number KCF 086J
2. Whether the said motor vehicle belonged to the 1st defendant at the material time
3. Whether the 2nd defendant was the driver of motor vehicle registration number KCF 086J at the time of accident
4. Whether the plaintiff was involved in the accident
5. Who was to blame for the accident
6. Whether the plaintiff sustained injuries and suffered loss as a result of the accident
7. Whether the plaintiff is entitled to damages and if so, the nature and quantum thereof
8. Who should bear the costs of this suit?

Reasoning

The court considered the evidence and the plaintiff's submissions, finding that the plaintiff was a passenger in the accident motor vehicle and thus involved in the accident. The doctrine of Res Ipsa Loquitor was applied to infer negligence on the part of the defendants.

Outcome

The plaintiff was awarded damages and interest on general damages from the date of judgment.

Authorities cited