The High Court has ordered matatu operator Super Metro Limited to pay a passenger Ksh645,974 in damages following a road accident.

The ruling delivered on September 17, 2025, found that the matatu operator exposed the passenger to negligence at a Kisumu hospital. 

However, because Super Metro had upheld the passenger’s claim for injuries sustained in the accident, the damages earlier awarded by a trial court were reduced.

The passenger was aboard a Super Metro matatu when it collided with another vehicle along a busy road.

In his statement of claim, filed in June 2024, the passenger sought compensation for the injuries he sustained.

He reported suffering bruises to the forehead, knee, and elbow, as well as a fracture of the left clavicle.

Additionally, he produced a Police Abstract and receipts for medication, indicating that he underwent surgery on the chest in Nairobi.”

“By a statement of claim dated 27/6/2024 and amended on 29/8/2024, the respondent claimed compensation for an accident that allegedly occurred on 29/1/2024.

“He alleged that he was a fare-paying passenger aboard Motor Vehicle Reg. No. KDG XXX, belonging to the appellant, which was involved in a collision with Motor Vehicle Reg. No. KBX XXX,” the court documents read in part.

However, Super Metro denied responsibility. In its defense, the company argued that the passenger’s claim was fraudulent, that he contributed to the accident, or that the other vehicle was entirely to blame.

“Vide a statement of defence dated 22/7/2024, the appellant denied the claim in toto. It claimed that the respondent contributed to the accident and that the accident was caused by Motor Vehicle Reg. No. KBX XXX. That the claim was fraudulent.”

In spite of the response, the trial court ruled in favor of the passenger, awarding Ksh650,000 in general damages and Ksh146,074 in special damages.

The matatu operator appealed, saying the award was excessive and that the clavicle fracture had not been proven.

The High Court reviewed the medical evidence in detail and found that the disputed fracture was real, but a crucial error had been made at Jaramogi Oginga Odinga Teaching and Referral Hospital (JOOTRH) in Kisumu.

Instead of conducting an X-ray of the shoulder as requested, the doctors conducted an abdominal scan, causing a delay in diagnosing the fracture.

The passenger, who was still in pain, was forced to seek treatment in Nairobi at Ladnan Hospital, where the fracture was finally detected 12 days after the accident.

“He testified that it is because of the continued pain in the shoulder that he sought medical attention at the Ladnan Hospital in Nairobi, 12 days later. That is where an X-ray revealed the fracture of the clavicle.”

“The respondent had no control over where the X-ray was to be undertaken. He had surrendered himself as a lay person to the expertise of the personnel at JOOTRH who did their own X-ray and not as requested,” added the court documents.

The appellate court upheld liability against Super Metro and confirmed the award of special damages but revised the general damages downwards.

“The general rule without exception, is that, special damages must be specifically pleaded and strictly proved.”

“The fact that there was no receipt for the invoice of Ksh130,000 does not invalidate the claim. There is no evidence to disapprove that the respondent was attended to at the facility in question,” ruled the judge. 

On the other hand, although the trial court had awarded Ksh650,000 in general damages, the High Court ruled this was excessive given comparable cases.

“Considering the aforesaid authorities juxtaposed with the proved injuries in this case, the award of Ksh650,000 is excessive. The Court will set it aside and substitute the same with an award of Ksh500,000.”

“Accordingly, the appeal is partially successful… a) General damages of Kshs.500,000/- together with interest from the date of judgment until payment in full. b) Special damages Kshs.145,974/- together with interest from the date of the suit until payment in full. c) Each party to bear own costs of the appeal.”

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