China Road and Bridge Corporation (CRBC), the firm that built the 27.1-kilometre Nairobi Expressway, has found success in recovering repair costs from reckless drivers involved in accidents by filing suits at the Small Claims Court.
Moja Expressway, a subsidiary of the Chinese firm tasked with managing the toll road, has filed at least 65 cases at the Small Claims Court since 2023 to recover the money it spends on repairing damage to infrastructure from accidents.
An analysis of some of the court cases indicates that after such accidents occur, CRBC and Moja Expressway quickly repair any damage to infrastructure, then claim a refund from the owner and driver of the vehicle they deem responsible.
If the vehicle owner and driver do not heed to the demand, Moja Expressway sues them at the Small Claims Court.
The Small Claims Court was established to determine disputes whose financial value is below Sh1 million, an indication that most of the cases Moja Expressway has filed involve minor damage to the Sh88 billion highway.
In 2023, James Wang’ombe Maina’s seemed to have lost control of his black Toyota Vitz when it made contact with a guard rail along the Nairobi Expressway.
Moja Expressway Company Ltd was quick to repair the damage at Sh68,553. But the story did not end there.
The Chinese-owned firm did a search on the vehicle to establish ownership, which revealed that it was registered to Darson Trading Ltd, a leading car importer based in Mombasa.
Moja Expressway then filed a suit against Darson Trading Ltd and Mr Maina at the Small Claims Court at Milimani, Nairobi, to recover the money it spent on repairs.
The adjudicator, WC Keter, dismissed the case against Mr Maina on October 26, 2023 after it was established that he was not properly served with the summons and pleadings, leaving Darson Trading as the sole defendant.
A month later, Mr Keter dismissed the case after Darson Trading argued that it was not the beneficial owner of the Toyota Vitz. Darson Trading had argued that Mr Maina bought the car from Moiz Motors Ltd in 2022 through a Sh920,000 hire purchase deal.
Displeased with Mr Keter’s decision, Moja Expressway appealed at the High Court, arguing that at the time of the accident the vehicle was registered to Darson Trading as per National Transport and Safety Authority records.
Moja Expressway added that Darson Trading had not filed as evidence a certificate of registration of hire purchase by either itself or Moiz Motors Ltd.
Additionally, Moja Expressway held that the indemnity and affidavit of liability provided to the adjudicator had not been sworn before a Commissioner of Oaths to give the two documents legal legs to stand on.
Justice Anthony Mrima ruled that the lack of registration of the hire purchase deal with the Registrar of Hire Purchase, and the absence of indemnity documents sworn before a commissioner of oaths meant that the deal was illegal. This meant that responsibility for the vehicle shifted back to Darson Trading Ltd.
“Having failed to satisfy the prime and requisite legal requirements of licensing and registration, then the only reasonable inference a court of law can make is that the said Moiz Motors Limited engaged in the hire purchase business against the law. Obviously, such engagements cannot claim legal protection,” Justice Mrima said in his judgment.
“This court, therefore, finds and hold that the Hire Purchase Agreement in issue did not pass the legal muster as to shield the 1st Respondent (Darson Trading Ltd) from any liability relating to the car.”
And just like that, the judge ordered Darson Trading Ltd to refund Moja Expressway for the repairs, and to foot the Chinese-owned firm’s legal bills.
Available data on the Kenya Law database shows that Moja Expressway filed at least 4 cases at the Small Claims Court in 2023 to recover repair costs. In 2024, Moja Expressway filed at least 35 recovery suits at the Small Claims Court.
And in the first half of 2025, Moja Expressway has filed at least 26 cases at the Small Claims Court – just nine shy of the total number from the whole of 2024.
The data indicates that Moja Expressway may end up pursuing more individuals in 2025 than it did last year, which also means that the number of accidents on the toll road are on the rise despite efforts by the firm and the Transport ministry.
Moja Expressway had not honoured the Nation’s request for comment on the story by the time of going to press.
Roads and Transport Cabinet Secretary Davis Chirchir did not respond to our queries on whether the government pursues reckless drivers who cause accidents that damage road infrastructure.
The Kenya National Highways Authority (KeNHA) said that it pursues reckless drivers who damage infrastructure under its docket for repair costs, and pushes for prosecution when necessary.
“KeNHA prefers charges against the drivers of vehicles that occasion damage to guard rails and other road furniture. The charges, based on the facts may be brought under the Kenya Roads Act, Traffic Act or the East African Community Vehicle Load Control Act,” the highways Authority said.
“Sample Charges ordinarily preferred include driving without due care and attention contrary to Section 49(1) of the Traffic Act. Where damage is occasioned to the weighbridge facilities, the driver is charged with causing damage to weighbridge, weigh station, any weighing equipment or installation (as the case may be) contrary to Section 20(1)(g) of the East African Community Vehicle Load Control Act, 2016,” the highways authority added.
The damage, KeNHA maintained, is assessed and quantified in a certificate of costs for compensation by the transporters or their insurers.
In the 2024/25 financial year, the National Treasury allocated Sh69.5 billion to the Roads and Transport ministry for road rehabilitation, which in previous years has often covered damage from accidents, even those caused by reckless drivers.
The case against Darson Trading and Mr Maina has cemented the fact that vehicle dealers who are yet to transfer ownership to buyers may not be spared in the event of damage from accidents. Other car dealers that have been sued on account of their clients causing damage to the Expressway are Nakuru’s Motorlogy, Mombasa’s Aisha Motor Dealers and Noman Motors Ltd.
Leasing firms may also face the music in the event that a vehicle they have rented out causes damage to the toll road.
For Elijah Macharia Githinji, Moja Expressway was successful at the Small Claims Court in April, 2023
But Mr Githinji has appealed the decision, arguing that he was condemned unheard as the proceedings at the lower court did not proceed by way of formal proof – submission of evidence to prove, or counter, claims made by parties in the suit.
Mr Githinji adds in his appeal that his underwriter, Xplico Insurance Company, did not defend the claim by Moja Expressway.
Xplico Insurance was placed under statutory management in December, 2023 which meant that Moja Expressway was free to pursue Mr Githinji to refund repair costs for the accident that caused damage to the toll road’s infrastructure.
A past case involving collapsed underwriter Blue Shield asserted that a moratorium on payment of claims during statutory management does not shield insured parties from being pursued by third parties.
In February this year, Justice Thripsisa Cherere allowed Mr Githinji to appeal the judgment from the Small Claims Court, on condition that he deposits half the amount claimed by Moja Expressway in court.
