Former Nyeri Town MP Wanyiri Kihoro has moved to the Supreme Court to contest a Court of Appeal decision, which stated that the courts in Kenya do not have authority to determine an insurance claim arising from a policy his late wife had taken abroad.
Mr Kihoro and his children, are aggrieved that British Airways Travel Insurance and its underwriter, Financial Insurance Company Ltd, have failed to pay benefits for his wife who died in 2006 from injuries sustained in a plane crash.
Court of Appeal Judges David Musinga, Gatembu Kairu, and Agnes Murgor dismissed Mr Kihoro’s case, saying they were in agreement with the High Court decision, which had found that the High Court had no jurisdiction to determine the case.
“Consequently, this appeal is dismissed with costs to Financial Insurance Company,” the three judges ruled.
The judges also said that there was nothing in law to stop Financial Insurance Company, a firm which was incorporated in England, from challenging the High Court’s jurisdiction to hear the matter.
Financial Insurance Company had told the court that any claim under the policy ought to have been filed in England and not Kenya. Mr Kihoro’s wife, Dr Wanjiru Kihoro, was working and residing in London.