Lena Lumumba

REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MERCY WAMBUI NYOIKE…………………………………….....…………..….......PLAINTIFF -VERSUS- OLD MUTUAL GENERAL INSURANCE KENYA LIMITED …………………….......DEFENDANT PLAINT “Fast Track” 1. The Plaintiff is a female adult of sound mind residing within Kirinyaga County. Her address of service for purposes of this suit is care of M/S MWANGI KENNEDY & CO ADVOCATES, BINGWA SACCO COMPLEX, 4TH FLOOR, RIGHT WING, P. O. BOX 178 – 10300, KERUGOYA. EMAIL ADDRESS:- 2. The Defendant is a limited liability company carrying on insurance business within the Republic of Kenya. Its address for purposes of this Suit shall be care of P.O. Box 43013 – 00100 Nairobi. (Service of summons will be through the Plaintiff’s Advocates offices.) 3. At all material times relevant to this Suit, the Defendant had comprehensively insured motor vehicle registration number KDG 211W under policy number 024/720/1/000002/2013. That the insurance was with the sole intention to indemnify the insured against liability to third parties in the event an accident occurred in connection to the use of motor vehicle registration number KDG 211W against all sums which the insured should become liable to pay in respect of death or bodily harm to any person including the deceased according to the Motor Vehicles Third Party Risks Act Cap 405. 4. On or about 26th July 2024, the Plaintiff was a lawful passenger aboard motor vehicle registration number KDG 211W that was being driven along Sagana – Makutano road when it was involved in a road accident. 5. As a result of the said accident, the Plaintiff sustained injuries and subsequently, filed Small Claims Civil Suit No. E086 of 2024 at Kerugoya Small Claims Court. 6. On 29th November 2024, judgment was entered in favour of the Plaintiff for Kshs. 273,399/- and costs assessed at Kshs. 57,400/-. 7. To date the Defendant herein and the insured in the primary Suit have not settled the decree arising in the said accident Claim despite notice being issued. 8. That the said accident occurred during the pendency of the said policy. 9. In the premises, the Plaintiff’s claim as against the Defendant is for a declaration that the Defendant is entitled to satisfy the decree in Kerugoya Small Claims Civil Suit Number E086 of 2024. 10. There is no other Suit pending and there have been no previous proceedings in any Court between the Plaintiff and the Defendant over the same subject matter herein and the cause of action relates to the Plaintiff in this claim. 11. This Honorable Court has jurisdiction to hear and determine this Suit. REASONS WHEREFORE: The Plaintiff prays for judgment against the Defendant for: 1) A declaration that the Defendant is obliged and liable to satisfy the decree arising from Kerugoya Small Claims Civil Suit No. E086 of 2024 together with the interest. 2) Costs of and incidental to this Suit. 3) Any other relief that this Honourable Court may deem fit and just to grant. DATED at KERUGOYA on ………………... this day of ……………………..…………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE PLAINTIFF Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Old Mutual General Insurance Kenya Limited UAP Old Mutua Towers UpperHill road P.O. Box 43013 - 00100 Nairobi REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MERCY WAMBUI NYOIKE…………………………………….....…………..….......PLAINTIFF -VERSUS- OLD MUTUAL GENERAL INSURANCE KENYA LIMITED …………………….......DEFENDANT VERIFYING AFFIDAVIT MERCY WAMBUI NYOIKE of Post Office Box Number C/o 178 – 10300 Kerugoya in the Republic of Kenya do hereby make Oath and State as follows: 1. THAT I am an adult female of sound mind, the Plaintiff herein hence competent to swear this Affidavit. 2. THAT I confirm that I have authorized and/or instructed the firm of M/S MWANGI KENNEDY & CO. ADVOCATES to institute this Suit against the Defendant. 3. THAT I have read and understood the contents of the Plaint prepared by the said Advocates and we confirm that the contents thereof are correct and in accordance with our instructions given to the firm. 4. THAT further, I confirm that there is no suit pending and there have been no previous proceedings between the Defendant and myself on the same subject matter. 5. THAT the facts deponed to herein are true to the best of my knowledge, information and belief. SWORN by the said ) MERCY WAMBUI NYOIKE) …………………… at KERUGOYA) DEPONENT this…………...day of …….........…….2025) BEFORE ME) ) ) COMMISSIONER FOR OATHS) Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Old Mutual General Insurance Kenya Limited UAP Old Mutua Towers UpperHill road P.O. Box 43013 - 00100 Nairobi REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MERCY WAMBUI NYOIKE…………………………………….....…………..….......PLAINTIFF -VERSUS- OLD MUTUAL GENERAL INSURANCE KENYA LIMITED …………………….......DEFENDANT LIST OF WITNESSES 1. Mercy Wambui Nyoike 2. Any other witness with leave of this Honorable Court. DATED at KERUGOYA on ………………... this day of ……………………..…………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE PLAINTIFF Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Old Mutual General Insurance Kenya Limited UAP Old Mutua Towers UpperHill road P.O. Box 43013 - 00100 Nairobi REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MERCY WAMBUI NYOIKE…………………………………….....…………..….......PLAINTIFF -VERSUS- OLD MUTUAL GENERAL INSURANCE KENYA LIMITED …………………….......DEFENDANT PLAINTIFFS’ LIST OF DOCUMENTS 1. Police abstract 2. Demand letter and Statutory Notice dated 20th July 2023 3. Copy of the Statement of claim 4. Copy of the Memorandum of Appearance and Statement of Response 5. Decree 6. Any other document with leave of this Honorable Court. DATED at KERUGOYA on ………………... this day of ……………………..…………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE PLAINTIFF Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon Old Mutual General Insurance Kenya Limited UAP Old Mutua Towers UpperHill road P.O. Box 43013 - 00100 Nairobi REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT OF KENYA AT KERUGOYA CIVIL SUT NO. OF 2025 MERCY WAMBUI NYOIKE…………………………………….....…………..….......PLAINTIFF -VERSUS- OLD MUTUAL GENERAL INSURANCE KENYA LIMITED …………………….......DEFENDANT STATEMENT BY MERCY WAMBUI NYOIKE (THE PLAINTIFF) I am the above particularized female adult of sound mind and the Plaintiff herein familiar with the facts of the present case hence competent to make this statement. At all material times relevant to this Suit, the Defendant had comprehensively insured motor vehicle registration number KDG 211W under policy number 024/720/1/000002/2013. That the insurance was with the sole intention to indemnify the insured against liability to third parties in the event an accident occurred in connection to the use of motor vehicle registration number KDG 211W against all sums which the insured should become liable to pay in respect of death or bodily harm to any person including the deceased according to the Motor Vehicles Third Party Risks Act Cap 405. On or about 26th July 2024, I was a lawful passenger aboard motor vehicle registration number KDG 211W that was being driven along Sagana – Makutano road when it was involved in a road accident. As a result of the said accident, I sustained injuries and subsequently filed Small Claims Civil Suit No. E086 of 2024 at Kerugoya Small Claims Court. On 29th November 2024, judgment was entered in my favour for Kshs. 273,399/- and costs assessed at Kshs. 57,400/-. To date the Defendant herein and the insured in the primary Suit have not settled the decree arising in the said accident Claim despite notice being issued. That the said accident occurred during the pendency of the said policy. In the premises, my claim as against the Defendant is for a declaration that the Defendant is entitled to satisfy the decree in Kerugoya Small Claims Civil Suit Number E086 of 2024. I pray for my prayers to be allowed as stated in the Plaint. That is all I wish to state. STATEMENT given at KERUGOYA this………………day of …………………….…..2025 by; ………………………………………………….. MERCY WAMBUI NYOIKE Filed By; To Be Served Upon Mwangi Kennedy & Co Old Mutual General Insurance Kenya Limited Advocates UAP Old Mutua Towers Bingwa Sacco Complex UpperHill road 4th Floor, Right Wing P.O. Box 43013 - 00100 P.O Box 178 – 10300Nairobi Kerugoya -