‘You Are Endangering Yourselves’ – Kenya’s High Court Rules Against School Buses Hire
The High Court ruled that those who hire school buses to transport them to crusades, weddings, or funerals are not entitled to insurance compensation in the event of an accident.
Similarly, Justice Roselyne Aburili of the High Court in Kisumu has ordered that school boards of management be served with her decision so that they do not endanger the lives and limbs of innocent unauthorised passengers on school buses.
Her decision was in response to a civil suit brought by Old Mutual General Insurance Kenya Limited against the board of directors of Oder Boys Boarding Special School.
High Court in Kisumu delivered a judgment. schools that hire buses to ferry members of the public. In the event of an accident, the contract of insurance excludes such 'unauthorised persons ' & the schools will be liable for any damages awarded. pic.twitter.com/jfl9zM4RCA
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The school had rented its bus to its sponsors, the SDA Church, who used it to transport church members to a function in Kakamega County.
The bus was later involved in an accident on Kisumu-Kakamega Road. Many passengers were injured. They sued for compensation, but the cases were later dropped.
Old Mutual, on the other hand, sued the school, claiming that it had violated the insurance agreement by hiring out its bus.
The insurance company also sought a declaration that it is not obligated to make any payment under the aforementioned policy in respect of any claims arising from injuries sustained as a result of the accident on April 23, 2023.
In its response, the school admitted that the passengers on the bus were church members who sponsored the school and that they are not liable for compensation.
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High Court rules Civilians who hire school buses for transport to crusades, weddings and other ceremonies or events are not entitled to insurance compensation pic.twitter.com/RHnjlUUJAQ
The school also claimed that the substratum of the suit had been overtaken by events, as all suits arising from the same accident had been withdrawn.
However, in her decision dated August 8, 2024, Justice Aburili ruled that Old Mutual is not obligated to make any payment under the aforementioned insurance policy in respect of any claims against the school arising from injuries sustained as a result of the accident.
The judge noted that schools purchase and insure buses for the sole use of students and staff.
On other occasions, they rent out the aforementioned vehicles for a fee to transport people from their neighborhoods or school sponsors, as well as to funerals and weddings.
“It is not uncommon, especially during crusades and other religious gatherings in this country’s major cities, to see all school vehicles lined up from all parts of the nation in their beautiful yellow colours, scaling heights and going down the valleys, leading to those crusades, carrying believers or worshippers,” the judge noted in the preamble to her judgment.
However, the insurance policy they purchase specifically excludes those types of passengers, also known as unauthorised passengers.
When accidents occur, the policy is avoided or voided, and the injured passengers or loved ones of the deceased are reduced to mere pious explorers seeking justice.
They will bear barren decrees because schools cannot bear the burden of settling such claims, the court added.
She directed school boards of management to beware, as well as those who hire school buses to read the insurance policy in respect of the usage of those buses before hiring them out.
“I do trust and hope that this brief judgment will be circulated to all schools in the country through the county directors of education to alert school management boards, of the dangers associated with the practice, which danger only comes to the fore when there is an accident upon suits being filed by those affected,” she said.
‘You Are Endangering Yourselves’ – Kenya’s High Court Rules Against School Buses Hire
