JUDGMENT
Background
The 1st respondent, Kenya Orient Insurance Company Limited, an insurance company and the plaintiff in the High Court, filed an amended plaint dated October 16, 2015 seeking various declaratory orders.
A brief background will put the appeal in perspective. Through an insurance broker, Stepz Insurance Agency, the 1st respondent issued a third-party private motor vehicle insurance to Kelvin Macharia Karanja alias Kelvin Macharia Karani (the 2nd respondent). The motor vehicle to be insured was KQY 039 (the motor vehicle). Fredrick Njeru Kinyanjui (the appellant) was enjoined in the proceedings in the High Court as an Interested Party having been a victim of the said accident.
The insurance policy was to run for one year and was to commence on January 10, 2010 to January 9, 2011. A Certificate of Insurance Number C6668216 in respect of policy number 7010912579PO was issued in favour of the 2nd respondent. The 2nd respondent completed and signed a Questionnaire and Proposal …