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Court of AppealAllowedCivil Appeal E302 of 2021

Wamba (As Personal Representative of the Estate of Phillipe Wamba) v UAP Insurance Company

Court of Appeal
25 September 2026
3,639 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The appellant, as personal representative of the estate of Phillipe Wamba, who died in a road traffic accident on 11th September 2002, appealed against a High Court declaration that UAP Insurance Company, insurer of the third party Thuri, was liable only up to Ksh 3,000,000.00. The High Court had grounded the cap on the policy's terms, notwithstanding its own finding that the 2006 amendment to section 5 of the Insurance (Motor Vehicle Third Party Risks) Act, which introduced the cap, lacked retrospective effect. The Court of Appeal held that the applicable law is that operative at the time of the accident, because section 4(1) mandates insurance against risks arising from the use of a motor vehicle and liability arises at the moment of the accident, not when a claim is made or adjudged. The 2006 amendment introducing the Ksh 3,000,000 cap and the 2009 deletion of section 10(5) were consequential shifts in the statutory scheme; neither applied retrospectively to a 2002 accident. Accordingly, the pre-amendment regime, which imposed no limit on insurer liability per claimant, governed, and the High Court erred in capping UAP's liability. The Court of Appeal set aside the judgment of Sergon, J delivered on 17th December 2020 and entered judgment for the appellant as prayed in the plaint for Ksh 2,283,362.40 and US$600,000 with interest at court rates from filing of the declaratory suit until payment in full, with costs of the appeal and the High Court to the appellant. The judgment binds the High Court on the temporal applicability of these amendments to motor vehicle third-party insurance liability.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicable law governing the insurer's liability is that in force at the time of the accident or at a later date (commencement or judgment of the primary suit, or commencement of the declaratory suit)
  2. 2.Whether the insurer's liability to the third party was capped at Ksh 3,000,000.00 by the policy or by the post-2006 statutory amendments

Key legal issues

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01

Temporal application of the 2006 and 2009 amendments to the Insurance (Motor Vehicle Third Party Risks) Act

Holding

The applicable statutory regime is that in force at the date of the accident; the amendments, not being retrospective, did not apply to a 2002 accident, so the insurer's liability was not capped at Ksh 3,000,000.

Reasoning

Section 4(1) mandates insurance against third-party risks arising from the use of a motor vehicle; the risk covered is the risk at the time of use. Liability arises at the time of the accident, not when a claim is made or adjudged, and the third party's right of action accrues on the day of the accident. Since the amendments lacked retrospective effect and were not faulted on that point, the pre-amendment provisions, which contained no liability cap, governed.

p. 7
02

Effect of the 2006 amendment introducing paragraph (iv) to section 5 and the 2009 deletion of section 10(5)

Holding

The 2006 amendment marked a shift from limitless insurer liability to a liability that could be capped at Ksh 3,000,000 per claimant; the deletion of section 10(5) in 2009 followed logically because the insurer no longer needed protection against excess payments.

Reasoning

Before the amendment, section 5 required coverage of any liability for death or bodily injury without a monetary cap, and section 10(5) let the insurer recover from the insured sums paid beyond policy limits. Once liability could be capped by contract after 2006, that statutory cushion became unnecessary, explaining the 2009 deletion. The amendments were consequential shifts in the statutory scheme, not idle provisions.

p. 6

Legal principles established

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  • The law applicable to an insurer's statutory third-party liability is the law operative at the time of the accident, not at the time of suit or judgment.
  • Prior to the 2006 amendment, section 5 of the Insurance (Motor Vehicle Third Party Risks) Act imposed no limit on the insurer's liability per claimant, so a policy could not cap liability at Ksh 3,000,000 for accidents before the amendment.

Court orders

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  1. 1.Judgment of the High Court delivered on 17th December 2020 set aside
  2. 2.Judgment entered for the appellant against the respondent as prayed in the plaint for Ksh. 2,283,362.40 and US$600,000 with interest at court rates from the date of filing of Nairobi HCCC No. 232 of 2014 until payment in full
  3. 3.Costs of the appeal and of the High Court awarded to the appellant against the respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
High Court of Kenya, Nairobi
H.C.C.C. No. 232 of 2014
Jurisdiction invoked
First appeal to the Court of Appeal under the Appellate Jurisdiction Act against the judgment and decree of the High Court

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The conclusion to be drawn is that the applicable law is that which was operative at the time of the accident, that is on 11th September 2002.
p. 8Temporal applicability of statutory amendments to insurance liability
Moreover, prior to the amendment of the Act in 2006 as indicated by the plaintiff, it is apparent Section 5 of the Act did not provide for the limit of liability in respect to insurance policies in the sum of Ksh 3,000,000/
p. 1Pre-2006 position: no statutory cap on insurer liability
We hereby set aside the judgment of the High Court delivered on 17th December 2020 and in its place enter judgment for the appellant against the respondent as prayed for in the plaint for a sum of Ksh. 2,283, 362.40 and US$600,000 with interest thereon at Court rates from the date when the Nairobi HCCC No. 232 of 2014 was filed until payment in full.
p. 8Final orders - disposition

Issues in the judgment

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minor

Inconsistent case number for the declaratory suit

minor

Discrepancy between pleaded amount and decreed amount

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, "Wamba (As Personal Representative of the Estate of Phillipe Wamba) v UAP Insurance Company", Case Analysis (2026). Civil Appeal E302 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1773/eng@2026-09-25

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