A passenger who suffered severe head injuries in a safari vehicle accident in Nairobi has been awarded Sh505,500 in damages.
Principal Magistrate Linda Mumassabba, sitting at the Milimani Commercial Courts in Nairobi, heard that Richard Oigara sustained the injuries when a safari vehicle veered off Murang’a Road and plunged into a ditch.
The magistrate entered judgment for Oigara against Bateleur Eagle Safaris Limited after the company failed to enter appearance or defend the suit arising from the July 6, 2022, accident near Guru Nanak Hospital.
Oigara had sued the tour operator seeking general damages for pain, suffering and loss of amenities, as well as special damages of Sh5,500.
He alleged that the company’s authorised driver managed and controlled the motor vehicle negligently, recklessly and carelessly, causing it to veer from its correct lane and land in a ditch.
Oigara said he suffered brain bleeding in three areas of his head, along with facial scrapes and burns.
He was taken to Kenyatta National Hospital for treatment.
A doctor’s medical report dated February 15, 2023, assessed his injuries as grievous harm, with an estimated permanent incapacity of five per cent.
Oigara testified that he had not fully recovered, was unable to work and continued to experience pain.
He urged the court to award Sh800,000 as general damages, relying on cases where comparable injuries attracted Sh500,000 awards.
The defendant was served but did not appear. A temporary court decision was entered on May 12 last year, with the matter proceeding for formal proof on July 1.
Although the driver, David Njeru, was not sued as a defendant, the court held the company liable for his negligence.
“The defendant [Bateleur Eagle Safaris] as the registered owner of the motor vehicle, did not adduce evidence to rebut the plaintiff’s evidence or to demonstrate that David Njeru was driving the vehicle without its authority or that the defendant had no responsibility for the manner in which the vehicle was being driven,” the magistrate ruled.
The court awarded Sh500,000 in general damages, finding the plaintiff’s proposal of Sh800,000 was not justified based on the evidence.
The magistrate said that while the injuries were serious, there was no evidence of skull fracture, prolonged loss of consciousness, surgical intervention or seizures.
“Taking into account the nature and extent of the injuries, the continuing neurological follow-up, the assessed five per cent permanent incapacity, the passage of time and the need to maintain consistency with awards for comparable injuries, I find an award of Sh500,000 to be fair and reasonable compensation for pain, suffering and loss of amenities,” the magistrate held.
The court also awarded Sh5,500 in special damages, which Oigara had proved by producing receipts.
Interest on general damages will run from the date of judgment until payment is made in full, while interest on special damages will accrue from the date the suit was filed.
