LEGAL GUIDE TO PERSONAL INJURY CLAIMS IN KENYA

1. Introduction

If you suffer harm or injury as a result of another person's negligence or wrongful act, you may be legally entitled to seek compensation. This legal process is known as a personal injury claim.

A personal injury claim seeks to hold the at-fault party (tortfeasor) accountable for the harm caused, whether physical, emotional, or financial. The purpose is to restore the injured party, as far as possible, to the position they were in before the accident occurred.

 

2. What Is a Personal Injury Claim?

A personal injury claim is a civil legal action brought by an injured person (the claimant or plaintiff) against the person, company, or entity (the defendant) responsible for causing the injury.

Compensation (also referred to as damages) is sought to cover:

• Pain and suffering,
• Medical expenses (past and future),
• Loss of income or earning capacity,
• Costs of care or rehabilitation,
• Psychological trauma, and
• Loss of quality of life.

 

3. Common Types of Personal Injury Claims in Kenya

Personal injury claims may arise in a variety of everyday situations, including:

🚗 1. Road Traffic Accident (RTA) Claims

• Claims against negligent drivers, motorcyclists, or third-party insurance companies.
• Covers injuries to drivers, passengers, pedestrians, and cyclists.

🏢 2. Workplace Injury Claims

• Injuries resulting from unsafe working conditions, lack of protective gear, or employer negligence.
• Governed in part by the Occupational Safety and Health Act, 2007 and Work Injury Benefits Act (WIBA), 2007.

🏞️ 3. Accidents in Public Places

• Injuries in malls, markets, parks, government buildings, etc.
• Often arise from slips, trips, falls, or unsafe infrastructure.

⚕️ 4. Medical or Clinical Negligence

• Injuries caused by substandard care by doctors, nurses, or hospitals.
• Claims must establish breach of professional duty and resulting harm.

 

4. Elements of a Personal Injury Claim

To succeed in a personal injury case in Kenya, the claimant must establish:

1. Duty of care – The defendant owed the claimant a legal duty.
2. Breach of duty – The defendant failed to uphold that duty (was negligent).
3. Causation – The breach directly caused the injury.
4. Damage – Actual harm or loss was suffered by the claimant.

These elements align with the general principles of negligence as outlined in Kenyan tort law, particularly under common law and precedents set by Kenyan courts.

 

5. Compensation (Damages) in Personal Injury Cases

A successful personal injury claim may result in monetary compensation, which may be settled either:

• Out of court (through negotiations or mediation), or
• In court (via a formal judgment by a Magistrate or Judge).

Damages typically include:

✒️ Pain and Suffering

Compensation for the actual physical and emotional distress caused by the injury.

✒️ Loss of Amenities

Covers the inability to enjoy day-to-day life activities (e.g., walking, working, socializing).

✒️ Medical Expenses

Both incurred and anticipated future treatment costs.

✒️ Loss of Earnings

Wages lost due to temporary or permanent inability to work.

✒️ Special Damages

Specific, quantifiable expenses incurred (e.g., hospital bills, transport receipts).

 

6. When to Consult a Personal Injury Lawyer

While some minor claims may be resolved through insurance or informal agreements, you are strongly advised to consult a personal injury advocate in cases involving:

• 👉🏾 Severe injuries or hospitalization
• 👉🏾 Temporary or permanent disability
• 👉🏾 Psychological trauma or emotional distress
• 👉🏾 Complex legal or insurance issues
• 👉🏾 Medical negligence

An advocate will assist with:

• Evaluating the merits of your claim,
• Gathering evidence and medical reports,
• Negotiating with insurers or the defendant,
• Initiating court proceedings if necessary.

 

7. Time Limits for Filing a Claim

The general limitation period for filing a personal injury claim in Kenya is 3 years from the date of injury, under the Limitation of Actions Act (Cap. 22).

⚠️ For minors or mentally incapacitated persons, time may start running when they attain capacity.

 

Summary

Step	What to Do
1. Seek medical attention	Get immediate treatment and retain records.
2. Report the accident	Report to police/employer/public authority as applicable.
3. Gather evidence	Witnesses, photos, receipts, injury reports.
4. Consult an advocate	For legal evaluation and filing the claim.
5. File suit (if needed)	If out-of-court settlement fails, file in court.

 

Disclaimer: This document is intended for general informational purposes only and does not constitute legal advice. You should seek guidance from a licensed advocate if you believe you have a valid personal injury claim.