REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI

(MILIMANI COMMERCIAL COURTS)
CIVIL CASE NO 193 OF 2012
MARY ANYANGO
(A minor suing through her next friend and mother)
ROSE AKINYI ANYANGO……………………………………………... PLAINTIFF

MARY ANYANGO (late a minor, by ROSE AKINYI ANYANGO, her next friend,
but now having attained majority age)…………………………………..PLAINTIFF

VERSUS
JOSEPHINE NGENO……………………………..1ST DEFENDANT/RESPONDENT
JULIUS KAMAU….................................................2ND DEFENDANT/RESPONDENT
AMENDED PLAINT
1. The plaintiff is a minor suing through her next friend and mother, ROSE AKINYI
ANYANGO female adult of sound mind residing in Nairobi, within the Republic of
Kenya. Her address for service for the purpose of this suit shall be C/O FIRM 5 &
Company Advocates, View Park Towers, 12th Floor, Wing B, Utalii Lane, P O
Box 298-00200 NAIROBI.

2. The 1st defendant is an adult of sound mind and disposition residing in Nairobi within
the Republic of Kenya. (Service of summons to be effected through the plaintiff’s
advocates’ office.)

3. The 2nd defendant is an adult male of sound mind residing and working for gain in
Nairobi within the Republic of Kenya. (Service of summons shall also be effected
through the plaintiff’s advocates’ office.)

4. The 1st Defendant was at all material times relevant herein the registered owner of
motor vehicle registration number KBC 247N while the 2nd Defendant was the
beneficial owner and in control of the subject motor vehicle.

5. On the 10th day of July 2012, the plaintiff was lawfully walking along Waiyaki Way
when the 2nd Defendant and/or the 1st and 2nd Defendants’ authorized driver and/or
servant, and/or so negligently drove, managed and/or controlled motor vehicle
registration number KBC 247N along the said road that he caused and or permitted
the same to violently knock the plaintiff down to the ground as a result of which the
Plaintiff was seriously injured.
PARTICULARS OF NEGLIGENCE

(a) Driving at a speed which was excessive in the circumstances.

(b) Failing to keep any or any proper lookout or to have any sufficient regard for
pedestrians walking along the said road.

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 (c) Failing to see the Plaintiff in sufficient time to avoid knocking her down or at
all.

(d) Overlapping and overtaking on the path and pavement reserved for
pedestrians without due regard of the Plaintiff herein.

(e) Failing to give any or any adequate warning of his approach.

(f) Failing to heed the presence of the Plaintiff in the said road.

(g) Failing to stop, to slow down, to swerve or in any other way so to manage or
control the said motor vehicle as to avoid knocking town the Plaintiff.
The Defendants are vicariously liable for the actions of their authorized driver and/ or
servant and/ or agent.

The Plaintiff shall at the hearing hereof seek to rely on the provisions of the Highway
Code, the Traffic Act and the doctrine of Res Ipsa Loquitor.

6. As a result of the aforesaid, the Plaintiff sustained severe bodily injuries and she has
suffered loss and damages.

PARTICULARS OF INJURIES

a) Fracture of the right femur

b) Cut wound below left lower lid
c) Pains, blood and soft tissue injuries

PARTICULARS OF SPECIAL DAMAGE

(a) Medical Examination Report ………………………………Kshs. 3,500.00

(b) Police Abstract ……………………………………………………Kshs.
200.00
(c) Motor vehicle Search charges ………………………………Kshs. 500.00
(d) Medical Expenses …………………………………………..Kshs. 12,100.00
(e) Cost of future medical expenses
(Full and better particulars to be
Provided at the hearing of the suit)
Total …………… Kshs. 16,300.00

The Plaintiff avers that she will require Kshs. 100,000/= as future medical expenses so as
to remove a metal fixation plate together with subsequent follow up treatment.

7. Despite demands made and intention to sue intimated both defendants have failed,
neglected and/or refused to settle.

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8. There is no other suit pending in this court or at all, and there have been no previous
proceedings in any court on the same subject matter and involving the same parties
herein.

9. The cause of action arose within the jurisdiction of this court.

REASONS WHEREFORE the Plaintiff prays for judgement against the defendants
jointly and/or severally for:

(a) General damages

(b) Special damages of Kshs. 16,300 as pleaded plus cost of future medical
expenses of kshs. 100,000.

(c) Costs of this suit.

(d) Interest on (a), (b) and (c) above at court rates

(e) Any other relief the court deems fit to grant.

Dated at Nairobi this 5th day of February 2013

Amended at Nairobi this 3rd day of March 2016

Further Amended at Nairobi this 4th day of March 2016

FIRM 5 & COMPANY

ADVOCATES FOR THE PLAINTIFF

DRAWN AND FILED BY:

FIRM 5 & Company
Advocates,
View Park Towers,
12th Floor, Wing B
Utalii Lane
P O Box 298-00200
NAIROBI

TO BE SERVED UPON
1. Josephine Ngeno
P.O.Box 676-00200
NAIROBI
2. Julius Kamau
P.O.Box 5657-00200
NAIROBI

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MM ADVOCATES
NBK BUILDING, 2ND FLOOR
HARAMBEE AVENUE
P.O.BOX 4546-00200
NAIROBI