For more than five years, Ephantus Njuguna Maina has carried the scars of a workplace road crash that shattered his left leg and altered the rhythm of his life.
Now, after a legal battle that travelled from the magistrate’s court in Kikuyu to the High Court in Nairobi, Maina has secured a significantly higher compensation award against the Kenyan arm of Chinese construction giant China Road and Bridge Corporation (CRBC).
In a judgement delivered on June 12, 2026, Justice Kennedy Kandet increased Maina’s compensation for pain, suffering and loss of amenities from KSh500,000 to KSh750,000, finding that the lower court had underestimated the gravity of his injuries.
The dispute traces back to March 15, 2021.
Maina was involved in a road traffic accident while working for CRBC Kenya, a subsidiary of the state-owned Chinese infrastructure behemoth that has played a central role in some of Kenya’s largest transport projects, including the Standard Gauge Railway, major highway expansions and road construction contracts worth billions of shillings.
The crash left Maina with compound fractures of the left tibia and fibula, severe open fractures in which the broken bones pierce through the skin. Court records show he underwent surgery and had an external metal fixator attached to stabilise the shattered limb.
The injuries were not merely painful. They were life-altering.
Medical Reports
A medical report prepared by Dr W.M. Wokabi on October 14, 2021, found that Maina was still walking with crutches, suffered weakness in the injured leg and faced a rehabilitation period of between 15 and 18 months. The doctor assessed permanent disability at five per cent.
Another report by Dr Muhanda dated February 28, 2022, painted a more optimistic picture, noting that the fractures had healed and Maina had largely regained functionality, although pain persisted during cold weather and while running.
Those differing medical opinions would later become central to the legal fight.
The first chapter of the case ended on December 21, 2022, when parties recorded a consent on liability. CRBC accepted 75 per cent responsibility, while Maina bore 25 per cent contributory negligence.
That left only one question before Senior Principal Magistrate C. Mburu in Kikuyu CMCC No. 337 of 2021: how much was Maina’s suffering worth?
On March 29, 2023, the magistrate awarded KSh500,000 in general damages and KSh124,295 in special damages. In reaching that figure, the court relied heavily on older authorities involving similar fractures and appeared persuaded by evidence suggesting Maina had substantially recovered.
Maina was unconvinced.
Appeal
In his appeal filed in April 2023, he argued that the court had overlooked the open nature of the fractures, the invasive surgery, prolonged immobility and the doctor’s finding of permanent disability.
He sought KSh1.8 million.
The High Court agreed, at least in part.
Justice Kandet found that while KSh1.8 million was excessive, the trial court had fallen into error by anchoring its award on older precedents without adequately accounting for more recent awards and the seriousness of Maina’s injuries.
The judge observed that open fractures requiring surgical fixation attract higher compensation because of the prolonged pain, extended rehabilitation and lasting effects on mobility.
“The award was nonetheless inordinately low and represents an erroneous estimate,” the court held.
The result was a revised award of KSh750,000 in general damages. Together with the uncontested special damages, the total came to KSh874,295.
After deducting Maina’s 25 per cent contribution, the final award stood at KSh655,721.25 plus interest.
The ruling serves as another reminder that in personal injury claims, courts increasingly scrutinise whether older precedents still reflect present-day realities.
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For Maina, whose journey began with shattered bones and months on crutches, the appeal delivered what the High Court considered a fairer measure of justice.
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