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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Legislative limitation to third party compensation in Kenya: a critique of the common law system
Author:Kulundu-Bitonye, WanyamaISNI
Periodical:Lesotho Law Journal: A Journal of Law and Development (ISSN 0255-6472)
Notes:biblio. refs.
Geographic terms:Kenya
East Africa
traffic accidents
Common law
Damage compensation
Abstract:A survey of awards in personal injury cases resulting from car accidents in Kenya indicates a wide variation from unreasonably low to exorbitantly high compensations. This fact has a direct bearing on the levels of premiums charged by the insurance industry. The current common law compensation system, also known as the tort system, has several serious shortcomings. These have to do with the need to prove negligence and with the whole litigation system. In a developing country like Kenya, with a high level of illiteracy, the complexities and burdens placed on the shoulders of an ordinary accident victim by the tort system are particularly heavy. Therefore, the author suggests a first-tier no-fault system. Such a system compensates victims without regard to the culpability of the driver or owner of the motor vehicle. Taking into account the level of awards at 1987 costs, the author proposes a first-tier no-fault maximum of KShs. 1,200,000.00 payable within six months of the accident. In this way, a substantial number of accident victims will be covered. There will be no need to resort to the second-tier fault system unless a case is exceptional. Notes, ref.