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MagistratePartially AllowedCivil Case No E420 of 2024· [2026] KEMC 76 (KLR)

Nabwire & another v Directline Assurance Company Limited (Civil Case E420 of 2024) [2026] KEMC 76 (KLR)

Chief Magistrate's Court
20 February 2026
1,203 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court forced Directline Assurance to pay Kshs. 3 million for skipping legal deadlines, but accident victims must chase the insured driver for the remaining balance.

What this practically means

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Executive summary

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This was a first-instance declaratory suit by Margaret Mbula Nabwire and Paul Walua Musiu against Directline Assurance Company Limited, seeking satisfaction of a judgment and decree of Kshs. 4,261,932.11 entered in Machakos CMCC No. 94 of 2020 arising from a fatal road accident of 1st February 2017 involving motor vehicle KCH 587W. The Plaintiffs testified that statutory notice was served on 13th December 2019 and that the insurer refused to satisfy the decree. The Defendant, through a Senior Claims Officer, admitted insuring the vehicle under policy 100005567/000007 for the policyholder Joel Ndunda Kimilu, but argued that the parties sued in the primary suit were not its insureds. On cross-examination, however, it admitted that Kimilu - the person found 100% liable in the primary suit - was its client, and that it neither sought a declaration under Section 10(4) of Cap 405 nor moved to set aside the primary judgment. The court framed four issues: insurance of the vehicle, sufficiency of notice, liability to satisfy the judgment, and the statutory cap. Relying on Philip Kimani Gikonyo v Gateway Insurance and Kenya Alliance Insurance v Apopa on notice, and on Kiruku v Kenya Orient and Kenya Orient v Omagwa on the statutory cap, the court held the Defendant bound to satisfy the judgment but only up to Kshs. 3,000,000.00. A declaration was issued, payment of Kshs. 3,000,000.00 with interest from 11th September 2024 was ordered, the Plaintiffs were left free to pursue the balance from the insured, the Defendant was ordered to bear the costs, and a 30-day stay of execution was granted.

Key legal issues

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01

Whether the Defendant was the insurer of motor vehicle KCH 587W and bound by the judgment in the primary suit

Holding

Yes - the Defendant insured the vehicle with Joel Ndunda Kimilu as policyholder, and having failed to seek a Section 10(4) declaration or set aside the judgment, is bound to satisfy it up to the statutory cap.

Reasoning

DW1 admitted the policy was issued for KCH 587W to Joel Ndunda Kimilu, and that Kimilu, the Defendant's insured, was joined as third party and found 100% liable. The insurer neither sought a declaration under Section 10(4) within the three-month window nor moved to set aside the primary judgment. Under Section 10(1), an insurer must pay judgment sums notwithstanding grounds to avoid or cancel the policy, so the defenses raised were unavailable.

p. 3
02

Whether statutory notice was duly served

Holding

Yes - notice was served on 13th December 2019 and any notice sufficiently outlining the claim suffices.

Reasoning

The court adopted the liberal approach in Philip Kimani Gikonyo v Gateway Insurance, that the form of notice does not matter so long as it alerts the insurer of a potential claim so it can protect its interests. A police abstract was also held sufficient proof of the insurer per Kenya Alliance Insurance v Apopa. The statutory notice was issued before the primary suit was filed.

p. 2
03

The extent of the Defendant's liability in light of the statutory cap

Holding

Liability limited to Kshs. 3,000,000.00; the excess is recoverable from the insured.

Reasoning

Section 5(b)(iv) of Cap 405 caps insurer liability at Kshs. 3,000,000.00 per incident, and DW1 confirmed the policy limit. The Court of Appeal in Kiruku v Kenya Orient and the High Court in Kenya Orient v Omagwa both confirm courts cannot compel an insurer to pay beyond the prescribed statutory amount; excess compensation is recoverable from the insured directly.

p. 3

Legal principles established

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  • An insurer that fails to seek a declaration under Section 10(4) of Cap 405 within the statutory three-month window, or to set aside the judgment, is barred from raising policy defenses later.
  • An insurer's liability is capped at Kshs. 3,000,000.00; any award in excess is recoverable from the insured, not the insurer.
  • Any notice, howsoever given, that sufficiently outlines the event giving rise to a claim is good notice under the Act.

Court orders

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  1. 1.A declaration that the Defendant is liable to satisfy the judgment and decree in Machakos CMCC No. 94 of 2020 up to the statutory limit of Kshs. 3,000,000.00
  2. 2.The Defendant to pay the Plaintiffs Kshs. 3,000,000.00 with interest at court rates from 11th September 2024 until full payment
  3. 3.The Plaintiffs may pursue the balance of the decretal sum from the insured, Joel Ndunda Kimilu
  4. 4.The Defendant shall bear the costs of this suit
  5. 5.A 30-day stay of execution

Authorities

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Legislation

  • Insurance (Motor Vehicle Third Party Risks) Act, Cap 405 Laws of KenyaSection 10(1)
  • Insurance (Motor Vehicle Third Party Risks) Act, Cap 405 Laws of KenyaSection 10(4)
  • Insurance (Motor Vehicle Third Party Risks) Act, Cap 405 Laws of KenyaSection 5(b)(iv)

Cases cited (4)

  • Philip Kimani Gikonyo v Gateway Insurance Company Limited
    [2007] eKLR
  • Kenya Alliance Insurance Co. Ltd v Thomas Ochieng Apopa
    [2020] eKLR
  • Kiruku v Kenya Orient Insurance Company Limited
    [2024] KECA 8 (KLR)
  • Kenya Orient Insurance Limited v Zachary Nyambane Omagwa
    [2021] eKLR
Jurisdiction invoked
Original declaratory jurisdiction under Section 10 of the Insurance (Motor Vehicle Third Party Risks) Act, Cap 405

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Nabwire & another v Directline Assurance Company Limited (Civil Case E420 of 2024) [2026] KEMC 76 (KLR)", Case Analysis (2026). Civil Case No E420 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/76/eng@2026-02-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.