JUDGMENT
JUDGMENT OF TUIYOTT J.A.
[1] This second appeal arises from a failed attempt by Benson Mutira Jiji (the appellant) to obtain a declaratory judgment against Gateway Insurance Co. Ltd. (the respondent) under the provisions of the Insurance (Motor Vehicles Third Party Risks) Act Cap. 405 Laws of Kenya (the Act).
[2] The appellant was a fare paying passenger in motor vehicle registration KBM 586Z on 20th February 2011, when the said vehicle was involved in an accident near Mago,along Kapsabet – Chavakali Road. As a consequence, he suffered multiple injuries which included a fracture to the right scapula and a dislocation of the right sternoclavicular joint.
[3] The appellant successfully took out a civil claim in respect to the injuries against Wycliffe Kiplagat and Chausiku Kibabi Yusuf, being the driver and owner, respectively, of the offending motor vehicle. In that claim, Vihiga Senior Resident Magistrate’s Court Civil Case No. 32 of 2011 Benson Mutira Jiji vs (1) Wycliffe Kiplag…