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MagistratePartially AllowedDeclaratory suit arising from Makindu SPMCC No. 285 of 2018 (number not stated in judgment)· [2026] KEMC 292 (KLR)

Ng’ang’a v Directline Assurance Co. Ltd (Civil Case E333 of 2024) [2026] KEMC 292 (KLR)

Magistrates' Court
16 June 2026
3,328 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled an insurer must pay an accident judgment because a police abstract naming it as insurer went unchallenged in court.

What this practically means

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Executive summary

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The plaintiff sued the defendant insurer seeking a declaration that the defendant was statutorily bound to satisfy the decree and certificate of costs of Ksh. 463,110/= obtained in Makindu SPMCC No. 285 of 2018 (Evans Ndiguitha Ng'ang'a v Juliah Njeri Kinuthia), a road traffic accident claim arising from an accident of 11th April 2018 involving motor vehicle KBQ 195C. The defendant denied being the insurer under the policy cited, denied knowledge of the primary suit and of any statutory notice, and sought dismissal with costs. Only the plaintiff testified; the defendant called no witness. The court framed three issues: whether the defendant insured the accident vehicle, whether it was bound to satisfy the primary decree, and costs. Relying on section 10(1) of the Insurance (Motor Vehicle Third Party Risks) Act Cap 405 and the Evidence Act, the magistrate held that the police abstract identifying the defendant as insurer was prima facie and unchallenged evidence; that insurance was a fact especially within the defendant's knowledge which it failed to disprove; and that judgment had been obtained against the defendant's insured, with no statutory exemption established since a statutory notice had been served on 14/11/2018 before the primary suit. Judgment was entered for the plaintiff with a declaration that the defendant is bound to satisfy the entire decretal sum with interest at court rates from 5/11/2024 until payment in full, plus costs. The court deliberately declined to order payment of the money because the plaint sought only a declaration, parties being bound by their pleadings.

Key legal issues

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01

Whether the defendant was the insurer of motor vehicle KBQ 195C at the time of the accident

Holding

Yes, proven on a balance of probabilities through the police abstract listing the defendant as insurer under policy number 10019264 and certificate A8523402, which remained unchallenged

Reasoning

The police abstract produced in evidence became evidence of the facts it recorded. Although a certificate of insurance would have been desirable, the plaintiff was not the vehicle owner and could not be expected to hold the policy. Under section 112 of the Evidence Act, whether the defendant insured the vehicle was a fact especially within the defendant's knowledge; facing prima facie evidence, the defendant called no witness and its mere denial in the pleadings could not disprove the abstract.

p. 6
02

Whether the defendant is bound to satisfy the decree in the primary suit

Holding

Yes. Judgment was obtained against the defendant's insured and none of the statutory exemptions under sections 10(2), 10(3A) and 10(4) of Cap 405 was established

Reasoning

Section 10(1) requires judgment against a person insured by the policy. Copies of the pleadings, decree and certificate of costs in the primary suit proved its existence and outcome, and there was no contrary evidence that those sued were not the defendant's insured. The defendant received a statutory notice of intention to sue served on 14/11/2018, before the primary suit was instituted, plus a notice of entry of judgment, and led no evidence to deny service or invoke any exemption.

p. 6
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Who should bear the costs of the suit

Holding

The defendant, as the unsuccessful party

Reasoning

The claim having succeeded, the ordinary rule that costs follow the event applied and costs of the suit were awarded to the plaintiff.

p. 7

Legal principles established

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  • The burden was always on the plaintiff to prove his case on the balance of probabilities even if the case was heard on formal proof
  • An unchallenged police abstract produced without objection is prima facie evidence of the facts it records, including the identity of a vehicle's insurer, and the burden then shifts to the party with knowledge of the fact to disprove it
  • Under section 10(1) of Cap 405 an insurer must satisfy a judgment obtained against its insured notwithstanding any entitlement to avoid or cancel the policy, unless it brings itself within the statutory exemptions
  • Pleadings remain mere allegations unless supported by evidence; a mere denial in a statement of defence cannot displace unchallenged evidence

Court orders

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  1. 1.Judgment entered in favour of the plaintiff as against the defendant
  2. 2.A declaration that the defendant is bound to satisfy the entire decretal sum in Makindu SPM Civil Case No. 285 of 2018 - Evans Ndiguitha Ng'ang'a v Juliah Njeri Kinuthia together with accrued interest on the decretal sum at court rates from 5/11/2024 until payment in full
  3. 3.The plaintiff is awarded costs of this suit
Jurisdiction invoked
Declaratory suit under the Insurance (Motor Vehicle Third Party Risks) Act Cap 405, Laws of Kenya

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Ng’ang’a v Directline Assurance Co. Ltd (Civil Case E333 of 2024) [2026] KEMC 292 (KLR)", Case Analysis (2026). Declaratory suit arising from Makindu SPMCC No. 285 of 2018 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/292/eng@2026-06-16

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