The High Court has upheld a compensation claim by a passenger injured in a Super Metro matatu accident but reduced the damages awarded by a magistrate’s court.
Clovins Ndayikengurutse was travelling aboard a Super Metro bus when it collided along the Awasi–Ahero road in Kisumu on January 29, 2024. He sustained injuries including bruises, joint pains, and a fractured left clavicle, and later sought treatment in several hospitals.
A magistrate’s court awarded him Sh650,000 in general damages and Sh145,974 in special damages, citing medical expenses and physical suffering.
However, Super Metro appealed the decision, arguing that the award was excessive and that the injuries were not fully supported by evidence.
On review, the High Court confirmed that the special damages had been properly proved, supported by receipts and an invoice, and upheld the award of Sh145,974.
The court also accepted medical evidence showing that despite an initial misdiagnosis at JOOTRH, subsequent treatment at Ladnan Hospital confirmed a clavicle fracture consistent with the accident.
The judge, however, agreed with the appellant that the general damages awarded were excessive compared to similar cases. The figure was revised downward to Sh500,000.
In its final ruling, the court ordered that interest on general damages be applied from the date of judgment and on special damages from the date of filing the suit. Each party was directed to bear its own appeal costs.
