Why insurers want accident cases out of small claims court

Association of Kenya Insurers (AKI) Executive Director Tom Gichuhi. Insurers argue that the limited period also makes it difficult for them to provide witnesses, in cases where expert witnesses are required.

Photo credit: File | Nation Media Group

Insurance companies want cases on injuries or deaths from accidents moved from small claims courts, arguing that the 60-day window for hearing and determining such matters is too short and exposes them to fictitious claims payments.

The Judiciary rolled out small claims courts in the 2021/2022 financial year as specialised commercial courts for hearing and determining cases involving small amounts of money up to Sh1 million as a way of promoting the delivery of justice in a simple, efficient, and cost-efficient manner.

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