Yego v Britam Insurance Company Limited (Civil Suit E100 of 2025) [2026] KEMC 385 (KLR)
The bottom line
#A Nakuru court ruled that objections requiring evidence to resolve cannot be raised as preliminary objections, and dismissed the insurer-related challenge with costs.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the issues raised by the Defendant qualify as a preliminary objection, including whether the suit falls outside section 10(1) as read with section 5 of the Insurance (Motor Vehicle Third Party Risks) Act as a material damage claim
Key legal issues
#Whether the defendant's objection that the suit concerns material damage rather than death or bodily injury under the Insurance (Motor Vehicle Third Party Risks) Act can be determined as a preliminary objection
It cannot; the objection raises matters requiring evidence and therefore fails as a preliminary objection and is dismissed with costs
Applying the Mukisa Biscuits definition, a preliminary objection must be a pure point of law capable of disposing of the suit without ascertainment of facts. The fourfold test in Directline Assurance v Mwangi requires the plaintiff to prove the vehicle was insured, that judgment exists against the insured, that statutory notice was issued, and that the claimant was covered by the policy. Because the plaintiff bears this burden of proof, the defendant's contention requires factual determination and does not fit the definition of a preliminary objection.
Legal principles established
#- A preliminary objection must be a point of law pleaded or arising by clear implication out of pleadings which may dispose of the suit; an issue requiring proof of facts does not qualify
Court orders
#- 1.The preliminary objection dated 4 March 2025 and the grounds raised thereon are dismissed with costs to the plaintiff
- 2.The suit is properly before the court and shall proceed to full hearing
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not expressly stated; suit is in the first instance before the magistrates' court
Relief refused
#Defendant's prayer that the suit be dismissed as fatally defective for falling outside section 10(1) as read with section 5 of the Insurance (Motor Vehicle Third Party Risks) Act
The issues raised were not a point of law fitting the Mukisa Biscuits definition of a preliminary objection, since the fourfold test placed a burden of proof on the plaintiff requiring factual inquiry
Costs
Costs of the preliminary objection awarded to the plaintiff
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
So far as I am aware, a preliminary objection consists of a point of law which has been pleaded, or which arises by clear implication out of pleadings, and which if argued as a preliminary point may dispose of the suit.
for liability to accrue under Section 10 of the Insurance (Motor Vehicle Third Party Risks) Act Cap 405, there is a 4-fold test to be met
The preliminary objection and the grounds as raised on 04/03/2025 are thus hereby dismissed with costs to the plaintifi. The suit is thus properly before this court and shall proceed to full hearing as required.
Issues in the judgment
#Judgment spelling of 'plaintiff' rendered as 'plaintifi' and defendant's grounds misstate 'plaintifi' for 'defendant'; also the date of delivery reads '29th DAY OF July 2026' which post-dates the objection date of 4 March 2025 but appears internally consistent
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Yego v Britam Insurance Company Limited (Civil Suit E100 of 2025) [2026] KEMC 385 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/385/eng@2026-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.