"Insurance paid Sh50,000 instead of Sh1.75m court award for my husband’s death'
Ms Mary Nyambura Mburu, whose husband died in a road accident, displays a copy of the judgement which awarded her Sh1.7 million in compensation fees on February 1, 2023.
Ms Mary Nyambura has waged a six-year battle with an insurance company over compensation for the death of her husband in a road accident.
Despite winning a compensation case before a Nakuru Court, the mother of two has struggled to get the money from Invesco Insurance company, under which the killer vehicle was insured.
From the total of Sh1.75 million awarded by the court in November 2017, the widow has got only a paltry Sh50,000 from Invesco.
The May 1, 2014, accident occurred at Chagak in Kericho on the Kericho-Kisumu highway.
Ms Nyambura’s husband, James Kagacia Maina, the driver of the ill-fated matatu, died on duty while taking passengers to Kisumu.
After the burial, Ms Nyambura embarked on seeking compensation for the death. The accident involved another driver, Mr Ken Okwach Auma.
Ms Nyambura filed a civil suit before a Nakuru Magistrate’s Court. She sued Mr Okwach for damages following her husband’s death.
The court found Mr Okwach 100 per cent liable for the accident.
Chief Magistrate Josephat Kalo, in his judgment of November 14, 2017, awarded Ms Nyambura Sh50,000 for pain and suffering, Sh100,000 for the loss of expectation of life and Sh1.6 million as special damages.
However, the widow has since been making trips to various offices in a bid to get the money, in vain.
Her lawyer Dominic Kimatta of Kimatta and Company advocates died in 2020 while pushing for the payment.
Ms Nyambura’s efforts to seek the services of another lawyer to pursue the matter were frustrated after the firm that was appointed by the Law Society of Kenya to administer the firm of Kimatta charged a hefty bill before it could release the file.
"Case charges"
In a letter seen by the Nation that was sent to the widow last year, the firm charged Sh159,000 to handle the case to conclusion.
Ms Mary Nyambura has waged a six-year battle with an insurance company over compensation for the death of her husband in a road accident.
“We forward herewith our draft bill of cost dated August 18, 2021, in the matter, which do please settle upon your receipt thereof, whereupon you may collect your file for further dealing,” read part of the letter that was signed by lawyer Gatu Magana of Gatu Magana and Company advocates on behalf of Kimatta and company associates.
Ms Nyambura lodged a complaint with the Insurance Regulatory Authority.
The intervention by the IRA saw Invesco write to Ms Nyambura to apologise for the delay, which it claimed was caused by the failure of the policyholder to report the matter.
“We apologise for the delay in the settlement of this claim, which was occasioned by non-reporting of the case by our insured and that we only came to know about when you reported to the IRA,” read the email from the company.
The insurance then committed to paying the amount.
However, the woman wrote back to the IRA on December 13 to complain that the insurer had failed to honour its commitment.
On December 19, the company remitted Sh50,000 to Ms Nyambura’s account.
However, since then, Ms Nyambura has not received any more money from the insurer and is now apprehensive that she might not be paid.
The widow says life has been tough for her and the children since the death of her husband. She has depleted her little savings on the frequent trips she has been making to Nairobi to pursue the claim.
“My eldest daughter is now a candidate for KCPE exams and I’m afraid I may not be able to support her education if I do not get the money,” said Ms Nyambura.
When the company was contacted for a comment on the matter, it noted the details and promised to call back.
“We promise a detailed explanation of the matter, we will follow up with the relevant departments and revert,” said Ms Joy Kawira, who is in charge of customer relations.
However, by the time of going to press, Invesco was yet to respond.
