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insurance motor vehicle third party risks act, cap 405

The Insurance Motor Vehicle Third Party Risks (Amendment) Act, 2013 has been passed effectively introducing structured compensation for various injuries under the Insurance Motor Vehicle Third Party Risks Act, Cap 405. It caps insurers liability at Kshs 3 million per claimant, seeks to peg compensation to earnings and allows for an initial process of negotiations to settle a claim using either arbitration /mediation within a period of sixty days before one can resort to court. It aims to proactively tackle the issue of fraud where persons who seek to benefit from use of fraudulent, documents will have the entire judgement cancelled including facing criminal charges.
The Law Society of Kenya has filed a petition in Court in court on 2nd April, 2014 terming the Insurance Motor Vehicle Third Party Risks (Amendment) Act, 2013 as being unconstitutional, null and void in that it seeks to interfere with judicial discretion and limit the compensation awards to kshs 3 million.

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