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Justus Mutiga, Asok Ghosh & Thomas Maara Gichuhi (acting for and on behalf of the Association of Kenya Insurers v. Law Society of Kenya & Attorney General of Kenya

(2018) JELR 100405 (CA)

Court of Appeal  •  Civil Appeal 141 of 2016  •  20 Apr 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Historically, third party motor vehicle insurance schemes in Kenya have faced a host of challenges; particularly in the public service vehicle (PSV) sector. Of primary concern, has been lack of fidelity in claims, creation of unnecessary high risks through reckless behavior and the rampant insolvency of insurers. In a bid to tackle these and other issues, the insurance laws have over the years undergone a raft of amendments, through which it was hoped that the sector would be streamlined.

However, good intentions notwithstanding; the constitutionality of some of those amendments has been put to question and forms the gist of this appeal. This being a first appeal, this court is alive to the fact that its primary role is to re-assess and re-evaluate the evidence tendered before the trial court and reach its own independent conclusion. This duty is underpinned on Rule 29(a) of the Court of Appeal Rules and has been expressed in a myriad of decisions of this Court.…

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