By IBRAHIM AKHWABI
June 12, 2026| Nearly nine years after a Kitale Shuttle vehicle knocked down and killed a pedestrian along the Kitale-Eldoret highway, the High Court in Kitale has dismissed an attempt by the transport company and one of its directors to shift responsibility for compensation through a constitutional petition.
In a judgment delivered on June 10, 2026, Justice Robert Limo struck out a petition filed by Kitale Shuttle Limited and director Samson Wanjala, ruling that their grievances against their insurer, Invesco Assurance Company Limited, and the Insurance Regulatory Authority (IRA) were commercial in nature and did not amount to constitutional violations.
The decision marks another chapter in the long quest for justice by the family of the late Kennedy Wasike Sifuna, who died after being struck by the company’s vehicle, registration number KBX 463B, on October 5, 2017.
Following the accident, the deceased’s family, represented by Rosemary Nafula, moved to court and successfully obtained judgment against Kitale Shuttle in Kitale CMCC No. 57 of 2019. The court awarded the family Sh2.52 million together with costs and interest.
However, the compensation battle did not end there.
According to court documents, Kitale Shuttle had taken out a third-party insurance cover with Invesco Assurance before the accident. The company argued that it duly notified the insurer about the claim but the insurer failed to honour its obligation despite being aware of the judgment.
The transport company told the court that auctioneers moved in to attach its assets after the decree remained unpaid and that it had incurred additional legal costs while trying to settle the matter. It blamed the Insurance Regulatory Authority and the Attorney General for allegedly failing to protect policyholders from the collapse and financial troubles facing insurance firms.
The company further argued that the regulator had powers under the Insurance Act to intervene in troubled insurance companies and should therefore bear responsibility for the losses suffered by policyholders.
But Rosemary Nafula opposed the petition, insisting that she was not a party to the insurance agreement between Kitale Shuttle and Invesco Assurance and should not be denied the fruits of a judgment obtained on behalf of her deceased relative.
She told the court that the company had repeatedly delayed payment, forcing her to initiate execution proceedings. By the time the petition was filed, she said, the company had already paid Sh2.1 million, leaving part of the decretal amount outstanding.
Nafula also argued that the petition was merely intended to shield the transport company from execution while denying the victim’s family full compensation.
The Insurance Regulatory Authority raised a preliminary objection, arguing that the petitioners had ignored mechanisms established under Section 204A of the Insurance Act, which requires dissatisfied policyholders to first lodge complaints with the Insurance Commissioner before approaching the courts.
The regulator further noted that Invesco Assurance had since been placed under liquidation and that any proceedings against the company required leave of the court under the Insolvency Act.
Justice Limo agreed with the regulator, holding that the petitioners had bypassed the dispute resolution mechanisms provided by law.
“A court should be utilized only as a forum of last resort rather than the first port of call where a legal mechanism is prescribed by law for parties to seek redress,” the judge ruled.
The court further found that the dispute essentially revolved around breach of contractual obligations by the insurer and not violation of constitutional rights.
According to the judge, constitutional petitions are meant to address infringement of fundamental rights and freedoms and not ordinary commercial disputes.
Consequently, the court struck out the petition with costs.
The ruling means the family of Kennedy Wasike Sifuna can continue pursuing the balance of the compensation awarded by the lower court, nearly nine years after the fatal accident that claimed his life.