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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT MOMBASA
NOTICE OF PRIMARY INJURY PROCEEDINGS [reference]
[PLAINTIFF] v [DEFENDANT]
STATUTORY NOTICE
1. TO: [insurer and verified service address]. This notice concerns the intended or instituted proceedings [court and actual reference] by [injured claimant] against [insured person] concerning [vehicle and policy]. It is given for the purposes of section 10(2)(a) of the Insurance (Motor Vehicles Third Party Risks) Act.
2. The incident occurred on 2 July 2019 at Aldina, Mikindani and involved a pedestrian and a tuk-tuk. The claimant alleges negligent driving and resulting injuries. Liability remains for determination in the primary injury proceedings; notification is not a concession by the insurer.
3. The actual date of institution is [date], or the proposed institution date is [date if not yet filed]. The primary pleadings and vehicle identification are [genuine enclosures]. Where the suit is already instituted, provide the actual stamped claim and summons particulars.
4. Please acknowledge receipt and indicate the responsible claims contact. The claimant retains proof of dispatch and delivery: [method, actual date, tracking and recipient]. No acknowledgment, policy admission or timely statutory service is asserted without authentic supporting material.
5. This is notification of the primary proceedings, not an original reported notice, declaratory judgment or proof of a policy. The dispatch must fall within the applicable statutory timing. Later demand correspondence cannot simply be relabelled as timely notification of the original suit.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Complete the insurer, insured, vehicle, primary proceeding, actual commencement and service dates. Keep genuine dispatch and receipt evidence. This is reconstructed notification wording, not an originating pleading or proof of statutory compliance. This is a notice served on the insurer, not an originating court pleading. Section 10(2)(a) addresses notice before or within thirty days after commencement. Complete actual dates and prove service.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
A pedestrian injured by a tuk-tuk at Aldina, Mikindani on 2 July 2019 obtained a default liability judgment and an award of KES 100,000 plus KES 2,000 special damages. A separate declaratory action against the insurer failed below on policy particulars and notification. The claimant appealed.
The appeal succeeded with an operative award of KES 171,150 and 14% interest from 4 June 2021. Paragraph 29 favours the appellant on costs but order 30(b) names the respondent. The authentic decree or clarification must resolve that contradiction; neither wording is silently corrected here.
Section 10 of the Insurance (Motor Vehicles Third Party Risks) Act governs the statutory action and notice. The court accepted the documentary identification and postal notification on this record. The source refers to primary judgment on 1 June 2021 but orders interest from 4 June; exact decree dates, accumulated costs and the policy must be verified. The rate is case-specific.
Read the original reported decision: [2025] KEHC 19447 (KLR) — 27 November 2025
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Civil Procedure Act · Civil Procedure Rules · Evidence Act · Insurance (Motor Vehicle Third Party Risks) Act
Civil Procedure Rules — check current amendments and directions
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