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Small ClaimsDismissedNot stated in judgment· [2025] SCC 60 (KLR)

Gitonga v Occidental Insurance Company Limited (Commercial Claim E16338 of 2024) [2025] SCC 60 (KLR)

Small Claims Court
9 September 2025
TOT. O. Omono
469 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Small Claims Court confirmed it can hear an insured motorist's claim against their own insurer for vehicle damage costs.

What this practically means

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Executive summary

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The Respondent/Applicant insurer filed a Notice of Preliminary Objection dated 25th August 2025 contending that the Small Claims Court had no jurisdiction to entertain the claim against it as insurer, arguing the suit was statute-barred, premature and disclosed no reasonable cause of action, and that the claim rested solely on the statutory duty under section 10 of the Insurance (Motor Vehicles Third Party Risks) Act, which is only triggered after judgment against the insured. The court directed written submissions on 26th August 2025; the Applicant relied on the objection while the Claimant/Respondent filed none. The Adjudicator examined the Statement of Claim dated 10th October 2024, which pleaded that the claimant's insured vehicle KBT 722 Z was damaged in an accident on 28th November 2023 with vehicle KCS 942 H, and that he repaired it at a cost of Kshs. 56,548/=, which he sought from the insurer. The court held that the claim was by an insured seeking compensation from his own insurer for damage to the insured vehicle, and could not be characterised as a section 10 Insurance (Motor Vehicles Third Party Risks) Act claim. It was instead a contract for supply of services claim under section 10(1)(a) of the Small Claims Court Act, applying Sanlam General Insurance Co. Ltd v M'Mbura. The preliminary objection was dismissed with no order as to costs, the objection having been undefended.

Key legal issues

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01

Whether the court lacks jurisdiction because the claim is statute-barred under section 10 of the Insurance (Motor Vehicles Third Party Risks) Act

Holding

The objection fails; the claim is not founded on section 10 of the Insurance (Motor Vehicles Third Party Risks) Act but on the insurance contract itself, within the Small Claims Court's jurisdiction.

Reasoning

The court analysed the pleading and found the claimant was the insured party seeking compensation from his own insurer for damage to his motor vehicle following a road accident. A section 10 Insurance (Motor Vehicles Third Party Risks) Act claim is a declaratory suit by an insured seeking settlement of a decretal sum after judgment against the insured. This claim seeks repair costs directly and is therefore a contract for supply of services claim under the Small Claims Court Act, following Sanlam General Insurance Co. Ltd v M'Mbura.

p. 2

Legal principles established

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  • A claim by an insured seeking compensation from their insurer for damage to the insured's own motor vehicle is a contract claim under section 10(1)(a) of the Small Claims Court Act, not a claim under section 10 of the Insurance (Motor Vehicles Third Party Risks) Act, which arises only after judgment against the insured.

Court orders

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  1. 1.The Preliminary Objection dated 25th August 2025 is dismissed
  2. 2.No order as to costs

Authorities

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Legislation

  • Insurance (Motor Vehicles Third Party Risks) Actsection 10
  • Small Claims Court Actsection 10(1)(a)

Cases cited (1)

  • Sanlam General Insurance Co. Ltd v M’Mbura
    (Civil Appeal E054 & E098 of 2024 (Consolidated)) [2025] KEHC 340 (KLR)
Jurisdiction invoked
Section 10(1)(a) of the Small Claims Court Act (contract for supply of services)

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, "Gitonga v Occidental Insurance Company Limited (Commercial Claim E16338 of 2024) [2025] SCC 60 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2025/60/eng@2025-09-09

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