Bomet High Court cuts damages awarded to child injured in road accident by Sh500,000

A High Court in Bomet has reduced compensation awarded to the family of a minor injured in a road accident from Sh1.1 million to Sh600,000.

The decision came after an appeal by D Light K Company and Africa Legend Safaris, who argued that the initial award by the lower court was excessive and not proportionate to the injuries sustained.

Brenda Cherono Cheruiyot, the mother of a child identified in court documents as GK, had sued the two companies after her son was knocked down by a vehicle. The case was initially heard by Chief Magistrate Boke E, who in August 2023 awarded Sh1.1 million in general damages and Sh37,546 in special damages.

During the trial, Ms Cheruiyot testified that the driver acted negligently, knocking down her son who was rushed to Tenwek Mission Hospital in an emergency. A radiology report revealed the child had suffered multiple skull fractures, a depressed skull injury, scalp lacerations, abrasions to the right eyebrow and bruises on both forearms.

Although the boy was discharged in fair condition, he continued to undergo follow-up treatment at a local dispensary.

The defendant companies closed their case without calling any witnesses. Dissatisfied with the judgment, they filed an appeal, contending that the award was excessive and claiming that the accident was partly caused by the victim, who they argued was not a lawful pedestrian at the time.

On July 31 2024, Justice JK Ng’arng’ar reviewed the case as the first appellate court. He noted that his duty was to re-evaluate the evidence and reach an independent conclusion.

In her submissions, Ms Cheruiyot maintained that her son was lawfully using the road when he was struck by the motor vehicle.

After considering the evidence, Justice Ng’arng’ar ruled that the original award of Sh1.1 million in general damages was excessive.