Abdinuur & another v Monarch Insurance Co. Limited & another (Civil Case 239B of 2023) [2026] KEMC 63 (KLR)
The bottom line
#Kenyan insurers cannot be forced to pay for vehicle damage claims; compulsory third-party insurance only covers death or bodily injury.
What this practically means
#Executive summary
#Key legal issues
#Whether the defendant was the insurer of KAR 843F at the time of the accident
Yes - the plaintiffs proved on a balance of probabilities that the defendant insured the vehicle, the certificate of insurance being uncontroverted
The plaintiffs produced a certificate of insurance in evidence; the defendant called no witness and adduced no contrary evidence. Applying sections 107, 108 and 109 of the Evidence Act and the balance of probabilities standard, the court found the insurance relationship established, though this finding did not ultimately help the plaintiffs.
Whether the defendant is bound to satisfy the decree in Makindu SPMCC No. 186 of 2016
No - the claim was a material damage claim outside the scope of the Insurance (Motor Vehicle Third Party Risks) Act
Although judgment was obtained against the insured and the defendant had notice of the proceedings, section 10 must be read with section 5 of Cap 405, which requires the policy to cover death of or bodily injury to persons. Following David Kinyanjui v Meshack Omari Monyori and subsequent High Court decisions, a material damage claim does not impose a statutory duty on the insurer to satisfy the decree.
Who should bear the costs of this suit
The defendant, having succeeded, was awarded costs
Costs follow the event; the suit having been dismissed with the declaration sought refused, the defendant was awarded costs of the suit.
Legal principles established
#- Section 10 of the Insurance (Motor Vehicle Third Party Risks) Act must be read together with section 5, and the Act covers only claims for death or bodily injury, not material damage claims
- A party suffering material damage cannot proceed against the tortfeasor's insurer, as there is no provision in Kenyan law for such eventuality
Court orders
#- 1.A declaration is hereby issued that the defendant is NOT BOUND to satisfy the judgment or the decretal sum in Makindu SPMCC No. 186 of 2016
- 2.The suit against the defendant is hereby dismissed
- 3.The defendant is awarded costs of this suit
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over a declaratory suit on insurance indemnity (suit transferred from the High Court at Mombasa)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdinuur & another v Monarch Insurance Co. Limited & another (Civil Case 239B of 2023) [2026] KEMC 63 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/63/eng@2026-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.