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Easy Coach Ordered to Pay Passenger Ksh 1 Million Over Nakuru-Nairobi Highway Accident
"Judgment is hereby entered in favour of the Plaintiff against the Defendant on quantum as follows: General damages for Pain, suffering and loss of amenities Ksh 1 million plus Ksh 3,500 special damages," the Magistrate ruled.
A Nairobi court has ordered Easy Coach Bus Company to pay its passenger Ksh 1 million following the accident that left her injured due to the careless driving.
Sitting at Milimani Commercial Court, Principal Magistrate Linda Mumassabba directed the company to pay Dorothy Akoth Otieno, the plaintiff Ksh 1 million for general damages and suffering and loss of amenities,
“Judgment is hereby entered in favour of the Plaintiff against the Defendant on quantum as follows: General damages for Pain, suffering and loss of amenities Ksh 1 million plus Ksh 3,500 special damages,” the Magistrate ruled.
The plaint is dated February 7, 2014, and the Plaintiff’s case, was travelling as a lawful passenger in the Defendant’s motor vehicle along the Nakuru–Nairobi Highway when the vehicle registration number KBP 472E was negligently and recklessly driven, causing it to lose control, veer off the road and overturn.
The Plaintiff sustained serious injuries to her body that were proved by medical records that assessed permanent incapacity at 10% in respect of the right lower limb.
While delivering the judgment, the Magistrate noted that consent had been at 80:20 in favour of the Plaintiff; “the sole issue for determination is the quantum of damages payable to the Plaintiff, having regard to the nature and extent of her injuries.”
The court was guided by a recent decision in Hezron v Aberi (2026) KEMC 472 (KLR) where the Plaintiff sustained fractures of the right tibia and fibula together with other injuries and was assessed at 15% permanent incapacity.
The Court considered the nature of the fractures, residual disability, deformity and future treatment and found Kshs.1,000,000 to be fair compensation for pain, suffering and loss of amenities.
“In the present case, the Plaintiff sustained a wound to the right ankle, a fracture of the lower one-third of the right tibia, a fracture of the fibula and a fracture involving the lateral malleolus.”
She noticed that the fractures were managed through manipulation and plaster immobilisation, as proved by medical evidence, and records continuing pain and weakness in the right leg and, most significantly, 10% permanent incapacity of the right lower limb.
In conclusion, the court ordered the bus company to pay Dorothy Akoth Otieno KSh 1 million for damages.
