How Ksh800,000 Claim for Toyota Mark X Written Off On Nairobi-Nakuru Highway Failed In Court

A Ksh800,000 insurance claim for a Toyota Mark X that was written off after a crash along the Nairobi-Nakuru highway has failed in court.

The accident occurred at around 7:00 p.m. on 7 April 2021 near Kinale Forest.

According to court documents, a Toyota Corolla had been involved in an accident ahead and had overturned, obstructing the road.

Moments later, a Toyota Mark X that was travelling along the same highway collided with the overturned Corolla.

The impact was severe. An assessor estimated the cost of repairs at Ksh792,256 and declared the Mark X a constructive total loss.

The insurer of the Mark X then filed a claim seeking Ksh800,000 from the owner of the Corolla, arguing that he had created a dangerous situation.

The claimant told the court that the Corolla driver had failed to place warning triangles after obstructing the highway.

However, the owner of the Corolla gave a different account.

He testified that an oncoming vehicle was overtaking and left him with insufficient space, forcing him to move off the road where he struck a guardrail and lost control.

He also blamed the Mark X driver for failing to exercise caution and to keep a proper lookout.

The insurer pursued the matter through subrogation, a process that allows an insurer who has compensated its client to seek recovery from a third party believed to be responsible.

The matter was first heard at the Small Claims Court in Thika.

The trial magistrate acknowledged that the Corolla had obstructed the road but also questioned whether the Mark X driver had taken reasonable precautions. The court found fault on both sides and dismissed the claim.

Dissatisfied, the claimant appealed to the High Court.

The High Court at Thika examined whether negligence on the part of the Corolla driver had been proved on a balance of probabilities.

The court also considered what precautions the Mark X driver had taken, including whether he maintained a safe distance and kept a proper lookout.

The judge noted that while the absence of warning triangles was relevant, it did not automatically prove liability.

On 8 October 2026, the High Court dismissed the appeal in the case of Githinji v Maina (Civil Appeal E313 of 2024).

The court found that the claimant had not sufficiently proved negligence and liability. The Ksh800,000 claim therefore failed, with costs of the appeal awarded to the respondent.

The case highlights that an obstruction on the road does not automatically mean the driver who caused it is liable. Drivers must also prove they maintained proper lookout and took reasonable steps to avoid an accident.

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