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The High Court held that the notice placing Trident, Corporate and KUSCCO Mutual under statutory management could not invalidate existing policies and allowed the petition.
The High Court dismissed a first appeal, holding that an insurer's statutory duty under section 10 of the Insurance (Motor Vehicles Third Party Risks) Act arises only where the judgment was against a person insured by the policy, which the claimant failed to prove.
On first appeal from the Small Claims Court, the High Court held that a police abstract alone could not prove the appellant's sole negligence in a road traffic collision, substituting 100% liability with 50:50 apportionment while upholding ownership, subrogation and special damages.
The High Court allowed in part an application for stay of execution of a Kshs 965,570 decree pending a second appeal, holding it retained jurisdiction and that the negative order doctrine did not bar relief, conditioned on partial deposit and bank guarantee.
The High Court partly allowed the appeal, awarding special damages for repair, assessor and tracing costs, while upholding the Small Claims Court costs award.
The court set aside interlocutory judgment after finding the defendant was served with a mention notice, not a hearing notice, and raised triable issues.
The High Court allowed an appeal in a subrogation claim, holding that proof of indemnification and insurance coverage was sufficient without producing the policy document.
Ruling on whether service of a stay application via a long-used counsel email address was proper, and whether ex parte stay orders should be set aside or conditioned on deposit of the decretal sum.
Mombasa magistrate allowed only the leave for new advocates to come on record. Stay, setting aside, and joinder of the insurer to satisfy a WIBA decree were refused, leaving the employer to pursue its insurer separately.
Anyumba v Kabera (Civil Case E327 of 2022) [2026] KEMC 736 (KLR) (26 August 2026) (Judgment)
The Court found directly contradictory evidence on how the accident occurred. PW3 supported the Plaintiff’s version that the Defendant’s vehicle reversed into the Plaintiff’s vehicle, but the Defendant and her witness gave the opposite account. Because the Plaintiff’s driver did not testify and no sketch map or equivalent scene evidence was produced, the Court could not hold either party solely liable. It therefore apportioned liability equally at 50:50. On quantum, repair costs and tracing/investigation expenses were proved, but re-inspection charges were not strictly proved because payment…
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