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MagistrateAllowedMakindu CMCC (Declaratory Suit)

Kakyewa alias Daniel Juma v Directline Assurance Company Limited (Civil Case E153 of 2025) [2025] KEMC 316 (KLR)

Magistrates' Court
16 December 2025
3,281 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 victim's Ksh. 185,652 judgment even after the insurer denied insuring the vehicle.

What this practically means

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Executive summary

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This first-instance declaratory suit, decided by Y. A. Shikanda, Senior Principal Magistrate at Makindu, arose from a road traffic accident of 26th August 2024 involving motor vehicle KDD 613H. The plaintiff sued the defendant insurer, seeking a declaration that it was bound to satisfy the decree of Ksh. 185,652/= (including costs) obtained in his favour on 2/12/2024 in Makindu SCCC No. E131 of 2024 against the vehicle's insured, together with interest and costs. The defendant denied being the insurer, denied knowledge of and service in the primary suit, and sought dismissal. Only the plaintiff testified; the defendant called no evidence. The court framed three issues: whether the defendant insured the vehicle at the material time, whether it was bound to satisfy the primary decree, and costs. Relying on the unchallenged police abstract identifying the defendant as insurer under policy number 00258786, and applying Joel Muga Opija v East African Sea Food Limited by analogy, the court held the abstract's contents were prima facie evidence; under section 112 of the Evidence Act the fact of insurance lay within the defendant's own knowledge and mere denials in pleadings could not displace it. Judgment having been obtained against the defendant's insured, section 10(1) of Cap. 405 obliged the insurer to pay, and none of the exemptions in sections 10(2) and 10(4) was established, statutory notices of intention to sue having been served before the primary suit. Judgment was entered for the plaintiff with a declaration, the decretal sum of Ksh. 185,652/=, interest at court rates from 3/12/2024, and costs of the suit.

Questions the Court framed

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

  1. 1.Whether the defendant was the insurer of motor vehicle registration number KDD 613H at the time of accident
  2. 2.Whether the defendant is bound to satisfy the decree in Makindu Small Claims Civil Case No. E131 of 2024
  3. 3.Who should bear the costs of this suit

Key legal issues

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01

Whether the defendant insured motor vehicle KDD 613H at the time of the accident

Holding

Yes - proven on a balance of probabilities on the strength of the unchallenged police abstract showing the defendant as insurer under policy number 00258786.

Reasoning

The police abstract indicated the defendant was the insurer. Applying by analogy Joel Muga Opija v East African Sea Food Limited, once produced without objection the abstract's contents became evidence. Although a certificate of insurance would have been desirable, the plaintiff as a non-owner could not be expected to hold it. Under section 112 of the Evidence Act, insurance was a fact within the defendant's own knowledge, so the burden shifted to the defendant to disprove it, and its mere denial in pleadings unsupported by evidence was insufficient.

p. 6
02

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

Holding

Yes - section 10(1) of Cap. 405 applies and no statutory exemption avails the defendant.

Reasoning

Judgment was obtained against the defendant's insured, satisfying section 10(1) of Cap. 405. The statutory exemptions under sections 10(2) and 10(4) (no notice of proceedings, stayed execution, cancellation, or a declaration of non-disclosure) were not established. The defendant received statutory notices of intention to sue on 5/9/2024 and 24/9/2024 before the primary suit was instituted, and called no witness to deny service or knowledge of the primary suit.

p. 6
03

Who should bear the costs of the suit

Holding

The defendant, having lost, was ordered to pay the plaintiff's costs.

Reasoning

The plaintiff proved his case on a balance of probabilities and obtained the declaration sought; costs followed the event in the ordinary way.

p. 7

Legal principles established

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  • Under section 10(1) of Cap. 405, an insurer must pay sums due under a judgment obtained against an insured notwithstanding any avoidance or cancellation of the policy.
  • An unchallenged police abstract listing an insurer is prima facie evidence of insurance, and the party with better knowledge of the fact bears the burden of disproving it.

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 SCCC No. E131 of 2024 - Daniel Juma Kakyewa alias Daniel Juma v Azan Motors Limited and Cosmas Mulinge
  3. 3.The defendant to pay the plaintiff the decretal sum of Ksh. 185,652/=
  4. 4.The defendant to pay accrued interest on the decretal sum at court rates from 3/12/2024 until payment in full
  5. 5.The plaintiff awarded costs of the suit

The bench

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

YS
Y. A. ShikandaSenior Principal Magistrate
majority

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction; declaratory relief under section 10(1) of the Insurance (Motor Vehicles Third Party Risks) Act Cap. 405

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.

A declaration is hereby issued that the defendant is bound to satisfy the entire decretal sum in Makindu SCCC No. E131 of 2024-Daniel Juma Kakyewa alias Daniel Juma v Azan Motors Limited and Cosmas Mulinge;
p. 7Final orders - declaration against insurer
The defendant is adjudged to pay the plaintifi the decretal sum of Ksh. 185,652/=;
p. 7Final orders - payment of decretal sum
The defendant shall also pay accrued interest on the decretal sum at court rates from 3/12/2024 when interest was last awarded until payment in full;
p. 7Final orders - interest
The plaintifi has satisfied the conditions precedent for granting of the orders sought.
p. 6Conditions precedent under section 10
Pleadings remain mere allegations unless and until they are supported by evidence.
p. 6Weight of unproven pleadings

Issues in the judgment

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minor

The delivery date contains a typographical error in the month: "THIS 16TH DAY OF DEEMBER, 2025".

minor

The defendant's name does not appear in the judgment text itself; the parties are referred to only as "plaintiff" and "defendant" and the case number of this suit is not stated on the face of the judgment.

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, "Kakyewa alias Daniel Juma v Directline Assurance Company Limited (Civil Case E153 of 2025) [2025] KEMC 316 (KLR)", Case Analysis (2025). Makindu CMCC (Declaratory Suit). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/316/eng@2025-12-16

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