The High Court in Siaya has upheld a Sh790,000 compensation for an injured passenger, dismissing an appeal from a matatu owner and driver.
Anne Adhiambo Nyombago, a fare-paying passenger, was injured when the matatu driver collided with a motorcycle on July 7, 2022. She sustained dental fractures, back pain, and multiple bruises, and has not fully healed.
Nyombago sought compensation from Kennedy Otieno Onyango, the driver, and vehicle owner Kennedy Ochieng Odiyo for her suffering and healthcare.
Onyango, charged with careless driving, pleaded guilty and faced a fine. Both were found liable by the trial magistrate, who awarded Nyombago Sh350,000 for general damages and Sh440,000 for future medical expenses, including an MRI, corrective surgery, and physiotherapy.
The appellants argued the medical expenses were excessive and claimed the accident involved negligence from the motorcyclist and the passenger. They requested the High Court to reassess the award.
On May 22, Justice David Kemei dismissed the appeal, affirming the liability finding. He noted the driver’s conviction for careless driving and emphasized that it was the driver’s duty to ensure passenger safety.
Justice Kemei found the liability assessment against both appellants justified and upheld.
Regarding future medical costs, he pointed out that the appellants did not present their doctor to support their claims. He affirmed that Nyombago’s injuries significantly impacted her health, justifying the future medical expenses.
The judge deemed the proposed compensation reasonable, considering inflation and necessary medical costs, and upheld the trial court’s ruling.
