The Lower Eastern Times Opening The Third Eye
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The High Court in Kisumu has partly allowed an appeal by Easy Coach Limited and its driver, trimming the compensation awarded to a passenger injured in a 2020 crash.
Justice Alfred Mabeya upheld a lower court’s ruling that found the company and its driver fully liable for the accident but reduced the general damages from Sh1.2 million to Sh1 million.
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The case involved Edward Odwaro Ondhoro, who suffered a fractured jaw, lost four teeth, and sustained injuries to his tongue, forehead, and legs after a collision between an Easy Coach bus and a lorry near Awasi on February 1, 2020. He had also been awarded Sh46,057 in special damages.
Easy Coach and its driver, Omondi, had appealed the decision, arguing that the compensation was excessive and that the complainant had failed to produce his initial treatment notes. They proposed reducing the award to Sh300,000, claiming the injuries were not adequately proved.
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However, Justice Mabeya ruled that the injuries were sufficiently supported by a P3 form and a dental report, both admitted in court by consent. He noted that the absence of initial treatment notes did not weaken the case, and the appellants had not provided any medical evidence to challenge the findings.
While affirming the liability verdict, the judge found the earlier award “inordinately high” and revised it to Sh1 million. The award for special damages remained unchanged, and each side was directed to cover its own legal costs.
