Compensation for damages in an accident case is a multi-process intervention in the Kenyan Legal System guided by the Insurance Act Cap 487. Once the insurer or the owner has failed to pay the victim for the damages incurred; then he or she has a right to pursue through the court process and this involves the following steps:

1. Serve a Demand letter
A demand letter should be served to both the Respondent and the respective Insurance Company whom will compensate the Claimant stating the grounds of claim in respect to the accident. This is important before initiating the case in court because sometimes a party can decide to enter into a settlement agreement and reimburse the claiming party.
2. Institute a claim by establishing the grounds.
If the Respondent or the insurer has refused or disputes the demand; the claimant will now then proceed to file a case in court by issuing summons to enter appearance in court.
3. Proceed for court’s proceedings.
Once the respondents have entered appearance and do their response, the matter will proceed for a hearing and a judgment will be delivered in respect to the grounds presented by both parties in court through analysis and determination of all the legal frameworks and jurisprudence of the case.
4. Account to the Insurer for payment.
Section 10 of the Insurance Act for Motor Vehicle 3rd Party Risk provides that the respective insurer is legally obligated to satisfy the Judgment in respect to the 3rd party risks provided that the policy was valid at the time of the incident and the insurer had notice of the proceedings.
5. Effects of non-remittance by the insurer.
i. Warrants of attachment Sale
This is an attachment of sale of the Insurance Company property to pay the claimant damages in court through relevant auctioneers since it must satisfy the Judgment and Decree ordered.
ii. Garnishee Proceedings
This is an application to recover money from the insurer’s bank accounts and can be frozen or proceed for Subrogation where the insurer can recover from 3rd parties after compensating the insured.
iii. Contempt of court proceedings.
If the Respondent or insurer violates the court order then a contempt of court proceedings is pursued which attract a committal to civil jail.
Causes of Delay in Compensation.
a) Party to Party Bill of Costs
This is a bill stipulated under the Advocates Remuneration Order whereby if the Claimant has won his case, they can institute a Party-Party Bill of Costs against the Respondent where the Respondent is obligated to pay the Claimant through a Certificate of Taxation issued by the honorable court. The problem will however come if the other party is not willing to finance hence a delay in compensation in accident matters therefore it’s upon the advocate acting for the claimant to act expeditious to retain the reward.
b) Advocate-Client Bill of Costs
This is bill where an advocate files a claim against their own client to seek payment for legal services rendered. Once the Claimant has been compensated for damages through a court order; sometimes the money is usually deposited through the claimant’s advocate bank account and because the legal fees for the advocate is yet to be settled then the advocate will proceed and withhold the money hence a delay in compensation for the claimant.

This might also be brought about by differences between the advocate and his client(claimant) in terms of the legal fees’ resolutions.