Road accidents injure thousands of people in Kenya every year, from pedestrians and boda boda riders to matatu passengers and private motorists. If someone else’s negligence caused your injuries, you may be entitled to compensation. This guide explains how a claim works, what you can recover and the deadlines you must not miss.
First steps after an accident
What you do in the first days can decide whether your claim succeeds.
- Get medical attention, and keep every treatment record, discharge summary and receipt.
- Report the accident to the police and note the Occurrence Book (OB) number.
- Obtain a police abstract, which confirms that the accident was reported and records the vehicles involved.
- Have a P3 form completed. The police issue it and a medical officer fills it in, recording the nature of your injuries.
- Record the details: registration numbers of the vehicles, names of drivers and witnesses, and photographs of the scene, the vehicles and your injuries.
Who is liable?
A driver whose negligence causes an accident is liable for the resulting loss. The owner of the vehicle is usually also liable if the driver was driving as the owner’s employee or agent, as is common with matatus, buses and company vehicles.
If you contributed to the accident yourself, for example by not wearing a seat belt or crossing carelessly, the court may reduce your compensation to reflect your share of the blame. This is known as contributory negligence.
Identify the vehicle owner and the insurer
Third-party insurance is compulsory under the Insurance (Motor Vehicle Third Party Risks) Act (Cap. 405). That insurance is what usually pays compensation to injured third parties.
- A search of the vehicle’s records with the National Transport and Safety Authority (NTSA) confirms the registered owner.
- The insurer’s details are usually shown on the police abstract and on the vehicle’s insurance sticker.
The statutory notice: do not miss it
Under section 10 of the Act, an insurer can be required to pay a judgment obtained against its insured, but only if the insurer had notice of the proceedings before, or within 14 days after, they were filed.
This statutory notice is a formal step, separate from any letter you sent the insurer earlier. Serve it properly and keep proof of service. A missed notice can leave you with a judgment against an individual who has no means to pay.
How a claim proceeds
- Demand letter. A letter to the owner, driver and insurer setting out the claim. Many claims are negotiated and settled at this stage.
- Filing suit. If the claim does not settle, it is filed in court, usually in the Magistrates’ Courts. Road traffic injury claims should not be filed in the Small Claims Court: the High Court has held that they belong in the Magistrates’ Courts.
- Judgment. The court decides liability and assesses damages.
- Recovery from the insurer. If the insurer does not pay after judgment, the claimant may bring a further suit against the insurer under section 10 to enforce the judgment.
What compensation covers
- Special damages: money you have actually spent or lost, such as medical bills, transport, the cost of the police abstract and medical reports, and vehicle repairs. These must be specifically claimed and proved, usually with receipts.
- General damages for pain, suffering and loss of amenities. Courts assess these by looking at awards made in comparable cases.
- Loss of earnings and, for serious injuries, loss of future earning capacity.
- Future medical expenses, such as further surgery or physiotherapy, supported by a doctor’s report.
The insurer’s statutory limit
For certain categories of claim, notably passengers, the Act limits how much the insurer must pay on any one person’s claim (currently KSh 3 million). That limit does not bind the court when it assesses your damages. If the award is higher, the balance remains the personal liability of the owner or driver.
When an accident is fatal
When a road accident causes death, the family may claim:
- under the Law Reform Act, on behalf of the deceased person’s estate (for example, for funeral expenses and the loss the estate suffered); and
- under the Fatal Accidents Act, for the dependants’ loss of the financial support the deceased provided.
These claims are brought by the deceased’s personal representative, so the family will usually need a limited grant of letters of administration first. Our guide to succession and letters of administration explains the process.
Time limits
A personal injury claim must generally be filed within three years of the accident, under the Limitation of Actions Act. Extensions are available only in limited circumstances and require the court’s permission. Fatal accident claims are also subject to a three-year limit. Do not wait until the deadline approaches: evidence fades, and witnesses become harder to find.
Frequently asked questions
Can I claim if I was a passenger in a matatu?
Yes. Public service vehicles must carry insurance covering their passengers, and both the driver and the owner may be liable.
Should I accept the insurer’s settlement offer?
Not without advice. Once you sign a discharge, you usually cannot claim any more, even if your injuries turn out to be worse than expected. Make sure you have a full medical report before you settle.
What if the vehicle was uninsured or the driver fled?
You may still be able to sue the driver and owner personally, but recovering the money is harder. Report the accident promptly and take advice early.
How we can help
We act for people injured in road accidents and for the families of those killed, from gathering evidence and serving the statutory notice to settlement negotiations and trial. Contact Odek Law Advocates to discuss your claim.
This article provides general information on Kenyan law as at October 2026 and is not legal advice. Please seek advice on your specific situation.