Lena Lumumba

REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT OF KENYA AT KERUGOYA CLAIM NO. OF 2025 MARTIN NGARI MURIITHI…............................................................…………………….CLAIMANT -VERSUS- PAUL NGUGI NDUMIA………….......……………………………...………………...RESPONDENT STATEMENT OF CLAIM 1. Claimant’s Personal Details Name: MARTIN NGARI MURIITHI Postal Address: P.O Box 178 – 10300 Phone Number:- Physical Address: Bingwa Sacco Complex, 4th Floor, Right Wing Email Address:- Location/Sub/Village: Kerugoya • The Claimant is represented by a duly authorized representative (Section 20, Small Claims Court Act, 2016) His address of service for purposes of this Claim shall be care of M/S MWANGI KENNEDY & COMPANY ADVOCATES, BINGWA COMPLEX BUILDING, 4TH FLOOR, P.O. BOX NO. 178 – 10300 KERUGOYA. Email:- Tel:-. 2. Respondent’s Personal Details Name: PAUL NGUGI NDUMIA Postal Address: Phone Number:- Physical Address: Email Address: Location/Sub/Village: Legal Status: Individual 3. Nature of Claim Compensation for material damage and loss occasioned by a road traffic accident that occurred on or about 8th January 2025. 4. Briefly explain the circumstances under which the claim arose, and attach documents (if any) in support of your claim. 1. At all material times relevant to this claim the Respondent was the registered owner of motor vehicle registration number KDL 906U Toyota Fortuner and in possession of the said motor vehicle while the Claimant is the registered owner of motor vehicle registration number KBW 979Y Toyota Wish and in possession of the said motor vehicle. 2. On or about 8th January 2025, the Claimant’s motor vehicle registration number KBW 979Y was being lawfully driven along Kagumo – Kerugoya road headed to Kerugoya general direction. At Kwa Wenga area, the Respondent, his driver, agent and/or servant negligently drove motor vehicle registration number KDL 906U that it lost control and hit the Claimant’s motor vehicle from behind. 3. The Claimant avers that the said accident was solely caused by the negligence of the Respondent his driver, servant and/or agent while driving motor vehicle registration number KDL 906U. Particulars of Negligence a) Driving at a speed that was excessive in the circumstances; b) Failing to keep any proper look out or to have any sufficient regards for other road users; c) Causing and or permitting to cause an accident by motor vehicle registration number KDL 906U; d) Failing to exercise due care and skills in managing the motor vehicle; e) Driving Motor Vehicle Registration No. KDL 906U, without due regard to the safety of the other road users and in particular the Claimant’s driver; f) Failing to maintain adequate or effective control of Motor Vehicle Registration No. KDL 906U; g) Failing to adhere to the Provisions of the Traffic Act Cap 403, Laws of Kenya; h) Driving carelessly; i) Failing to stop, slow down, swerve or in any other way manage or control the said Motor Vehicle so as to avoid the accident and j) Failing to take adequate precautions for the safety of the Claimant’s driver. The Claimant shall further seek to rely on the doctrine of res ipsa loquitor, the Traffic Act and the Highway Code of Conduct. 4. Consequently, the Claimant has suffered loss and damage for which he seeks compensation. Particulars of damages on KBW 979Y Toyota Wish i. Passenger seat bent ii. Rear bumper torn iii. Boot door buckled iv. RHS rear panel dented v. RHS real panel window broken vi. RHS tails light broken vii. Rear windscreen cracked viii. RHS rear spring and shock bent Particulars of Special Damages i. Motor vehicle assessment & re-assessment – Kshs. 10,000/- ii. Search for Motor Vehicle – Kshs. 550/- iii. Repair Costs – Kshs. 122,440/- Total = - Kshs. 132,990/- 5. In the premises, the Claimant’s claim against the Respondent is for the payment of costs for repair for the material damage occasioned to his motor vehicle registration number KBW 979Y as a result of the said accident. 6. Demand and notice of intention to sue and/or institute proceedings has been issued in vain. 7. The cause of action arose within the jurisdiction of this Honourable Court. 8. There is no other claim pending and that there have been no previous proceedings in any Court between the Claimant and the Respondent over the same subject matter. 5. Remedy/ Relief Sought The Claimant prays for: 1) Special damages pleaded in paragraph 4 (4) above of the Statement of Claim together with interest thereon. 2) General damages 3) Cost of this claim together with Interest thereon at Court’s rates. 4) Any other relief that this Honourable Court may deem fit and just to grant. DATED at KERUGOYA on ………………... this day of ……………………..……………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE CLAIMANT Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Paul Ngugi Ndumia- By filing this Claim, I MARTIN NGARI MURIITHI hereby waive and forfeit the recovery of all sums in excess of Kshs. 1,000,000, excluding costs and interest. MARTIN NGARI MURIITHI: Signature: ………………… DECLARATION I declare that the information given above is true. MARTIN NGARI MURIITHI: Signature: ………………… DATED at KERUGOYA on ………………... this day of ……………………..……………..2025 Acknowledge of service I acknowledge service of this Statement of Claim delivered to me, with evidential documents attached, on the…………….day of ……………………….2025. PAUL NGUGI NDUMIA: Signature…………………… For official use only This Claim was filed on the………..day of……………..2025. Signed……………………………………. Registrar REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT OF KENYA AT KERUGOYA CLAIM NO. OF 2025 MARTIN NGARI MURIITHI…............................................................…………………….CLAIMANT -VERSUS- PAUL NGUGI NDUMIA………….......……………………………...………………...RESPONDENT VERIFYING AFFIDAVIT I, MARTIN NGARI MURIITHI of Post Office Box Number C/o 178 – 10300 Kerugoya in the Republic of Kenya do hereby make Oath and State as follows: 1. THAT I am a male adult of sound mind, the Claimant herein hence competent to swear this Affidavit. 2. THAT I confirm that I have authorized and/or instructed the firm of M/S MWANGI KENNEDY & CO. ADVOCATES to institute this claim against the Respondent. 3. THAT I have read and understood the contents of the Claim prepared by the said Advocates and I confirm that the contents thereof are correct and in accordance with my instructions given to the firm. 4. THAT further, I confirm that there is no suit pending and there have been no previous proceedings between the Respondent and myself on the same subject matter. 5. THAT the facts deponed to herein are true to the best of my knowledge, information and belief. SWORN by the said ) MARTIN NGARI MURIITHI ) …………………… at KERUGOYA ) DEPONENT this…………...day of …….........…….2025 ) BEFORE ME ) ) ) COMMISSIONER FOR OATHS ) Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Paul Ngugi Ndumia- REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT OF KENYA AT KERUGOYA CLAIM NO. OF 2025 MARTIN NGARI MURIITHI…............................................................…………………….CLAIMANT -VERSUS- PAUL NGUGI NDUMIA………….......……………………………...………………...RESPONDENT STATEMENT OF MARTIN NGARI MURIITHI (THE CLAIMANT) I am the above particularized male adult of sound mind and the Claimant herein familiar with the facts of the present case hence competent to make this statement. On or about 8th January 2025, my motor vehicle registration number KBW 979Y was being lawfully driven along Kagumo – Kerugoya road headed to Kerugoya general direction. At Kwa Wenga area, the Respondent, his driver, agent and/or servant negligently drove motor vehicle registration number KDL 906U that it lost control and hit my motor vehicle from behind. The said accident was solely caused by the negligence of the Respondent his driver, servant and/or agent while driving motor vehicle registration number KDL 906U. As a result of the said accident, my motor vehicle was extensively damaged and I seek the following remedies; i. Motor vehicle assessment & re-assessment – Kshs. 10,000/- ii. Search for Motor Vehicle – Kshs. 550/- iii. Repair Costs – Kshs. 122,440/- Total = - Kshs. 132,990/- My claim against the Respondent is for the payment of costs for repair for the material damage occasioned to my motor vehicle registration number KBW 979Y as a result of the said accident. I pray for my prayers to be allowed as stated in the Statement of Claim. That is all I wish to state. STATEMENT given at KERUGOYA this……………... day of ………………………..2025 by; ………………………………………………….. MARTIN NGARI MURIITHI Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Paul Ngugi Ndumia- REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT OF KENYA AT KERUGOYA CLAIM NO. OF 2025 MARTIN NGARI MURIITHI…............................................................…………………….CLAIMANT -VERSUS- PAUL NGUGI NDUMIA………….......……………………………...………………...RESPONDENT STATEMENT OF SILVESTER KAMAU NJOROGE (THE CLAIMANT’S DRIVER) I am the above particularized male adult of sound mind and the Claimant’s driver herein familiar with the facts of the present case hence competent to make this statement. On or about 8th January 2025, I was lawfully driving the Claimant’s motor vehicle registration number KBW 979Y along Kagumo – Kerugoya road headed to Kerugoya general direction. At Kwa Wenga area, the Respondent, his driver, agent and/or servant negligently drove motor vehicle registration number KDL 906U that it lost control and hit the Claimant’s motor vehicle from behind. The said accident was solely caused by the negligence of the Respondent his driver, servant and/or agent while driving motor vehicle registration number KDL 906U. As a result of the said accident, the Claimant’s motor vehicle was extensively damaged and the Claimant suffered loss for which he seeks the following remedies; i. Motor vehicle assessment & re-assessment – Kshs. 10,000/- ii. Search for Motor Vehicle – Kshs. 550/- iii. Repair Costs – Kshs. 122,440/- Total = - Kshs. 132,990/- The claim against the Respondent is for the payment of costs for repair for the material damage occasioned to the Claimant’s motor vehicle registration number KBW 979Y as a result of the said accident. I pray for the Claimant’s prayers to be allowed as stated in the Statement of Claim. That is all I wish to state. STATEMENT given at KERUGOYA this……………... day of ………………………..2025 by; ………………………………………………….. SILVESTER KAMAU NJOROGE Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Paul Ngugi Ndumia- REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT OF KENYA AT KERUGOYA CLAIM NO. OF 2025 MARTIN NGARI MURIITHI…............................................................…………………….CLAIMANT -VERSUS- PAUL NGUGI NDUMIA………….......……………………………...………………...RESPONDENT CLAIMANT’S LIST OF WITNESSES 1. Martin Ngari Muriithi 2. Silvester Kamau Njoroge 3. Motor Vehicle Assessor 4. Police Officer 5. Any other witness with leave of this Honorable Court. DATED at KERUGOYA on ………………... this day of ……………………..……………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE CLAIMANT Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Paul Ngugi Ndumia- REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT OF KENYA AT KERUGOYA CLAIM NO. OF 2025 MARTIN NGARI MURIITHI…............................................................…………………….CLAIMANT -VERSUS- PAUL NGUGI NDUMIA………….......……………………………...………………...RESPONDENT CLAIMANT’S LIST OF DOCUMENTS 1. Police abstract 2. A copy of the Motor Vehicle Search 3. Assessment Report dated 13th January 2025 4. A copy of the re-assessment report dated 20th January 2025 5. Copies of Receipts 6. A copy of the M-pesa statement 7. Photos of the damages motor vehicle registration number KBW 979Y 8. Demand letter and Statutory Notice dated 12th February 2025 9. Any other document with leave of this Honorable Court. DATED at KERUGOYA on ………………... this day of ……………………..……………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE CLAIMANT Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Paul Ngugi Ndumia-