JUDGMENT OF THE COURT
CIC General Insurance Group Limited (CIC) (the appellant herein) filed an appeal against the judgment of M. Muya, J delivered on 30th May, 2018.
A brief background to this appeal is that the Gerald Ochoki alias Marube (Gerald) (the respondent herein) filed a civil suit at the Chief Magistrate’s Court at Bomet (CMCC No. 61/2015) against James Mwangi Macharia (Macharia) for damages arising from a road traffic accident which occurred on 28th February, 2014. Judgment was entered in favour of Gerald on 4th July, 2016 for Kshs 9,548,757.00 following which Gerald filed a declaratory suit at the Principal Magistrate’s Court, Bomet being Civil Suit No. 98 of 2016 against the appellant (CIC) under the provisions of the Insurance (Motor Vehicles Third Party Risk) “Act” Chapter 405 of the Laws of Kenya (the Act) for a declaration that the appellant was bound to satisfy the judgment in Civil Suit No.61 of 2015. Judgment in Civil Suit No. 98 of 2016 was delivered on 27th March, …