Compensation after road accident: Advocate explains how it works [Interview]

Every day, many Kenyans are injured or lose their lives on the road, yet few know what happens after the emergency. 

Beyond the immediate shock, victims and families must navigate a complex legal maze of police reports, insurance procedures, and lengthy court processes just to get compensated. 

For many, the journey to justice is long, frustrating, and emotionally draining.

To unpack what really goes on behind the scenes, and why so many victims struggle to get compensated, the news desk interviewed Eunice Ndisya, an advocate of the High Court who has worked on dozens of accident cases. 

With years of experience navigating Kenya’s legal and insurance systems, they break down how accident payouts actually work, where most people go wrong, and what every Kenyan should know the moment tragedy strikes.

The First Steps After an Accident

When a road accident occurs, the first and most important step is to seek urgent medical attention. 

Legal experts emphasise that all treatment notes, medical reports, and receipts should be carefully preserved, as these documents form the backbone of any future claim. 

Once the victim is out of danger, the legal process begins with reporting the incident to the nearest police station. 

The police abstract and, in cases involving injury, a P3 form, serve as essential records of the occurrence.

Collecting and preserving evidence is equally important. Photographs of the accident scene, vehicle details, and witness contacts can make or break a case. 

Victims are also advised to seek legal advice early if they intend to pursue compensation. 

For families dealing with a fatality, they must obtain a death certificate, a burial permit, and later, a limited grant of letters of administration to file a claim on behalf of the deceased’s estate.

How Compensation is Determined

Compensation in Kenya is not a one-size-fits-all figure. 

Courts consider a combination of factors, including the severity of injuries, the medical expenses incurred, the impact of the accident on the victim’s ability to earn a living, and the pain and emotional distress suffered. 

The age, occupation, and quality of life of the victim also influence the outcome. 

Minor injuries often attract lower awards, while serious or permanent injuries can result in payouts that run into millions of shillings.

In fatal cases, courts also factor in the financial dependency of surviving family members.

Younger victims or those who were primary breadwinners tend to attract higher compensation because of the potential years of income lost.

How Courts Arrive at the Figures

There is no mathematical formula for calculating road accident compensation in Kenya. 

Courts rely on a combination of medical evidence, judicial precedents, and the judge’s discretion. 

“Each matter is determined on its own facts and merits, though lawyers typically cite comparable awards to help guide the court toward a fair figure,” explains Ndisya. 

In cases involving death, two laws govern the process: the Law Reform Act (Cap 26) and the Fatal Accidents Act (Cap 32). 

The Law Reform Act covers damages for pain and suffering before death and loss of expectation of life, while the Fatal Accidents Act addresses the loss of dependency. 

That means the financial support the deceased would have continued to provide to their family. 

Courts often use what is known as the multiplicand approach, which considers the deceased’s monthly income, the number of years they were expected to continue working, and the proportion of income their dependents relied on. 

In addition to these general damages, special damages such as hospital and funeral expenses can also be awarded, provided they are supported by receipts or other evidence.

Who Was at Fault?

Determining who was at fault in an accident is at the heart of every compensation case. 

If a claimant cannot prove that the defendant was negligent, their case cannot succeed. 

Sometimes, both parties share responsibility for the accident. In such cases, the court applies the principle of contributory negligence, apportioning liability according to each party’s level of fault. 

For example, if the court finds that a claimant was 25 per cent to blame, they will receive only 75 per cent of the total damages they would otherwise have been entitled to.

This approach ensures that compensation is fair and proportionate.

Insurance and the Role It Plays

In Kenya, every vehicle on the road is required by law to have third-party insurance, which covers injuries or deaths caused to others. 

For straightforward claims, insurance companies may settle directly with victims. However, when liability is disputed or the claim involves a large amount, the matter often ends up in court. 

Even then, it is usually the insurance company (not the individual driver) that pays the final award, as long as the policy is valid and covers the accident.

Despite this framework, insurance-related delays are among the biggest frustrations for victims. 

Some insurers take months or even years to settle, while others deny liability altogether, forcing victims into protracted legal battles.

Why Road Accident Cases Take Years

Most compensation cases take between two and five years to conclude. The duration depends on several factors, including the complexity of the case, the number of parties involved, and the speed of pre-trial compliance.

Court backlogs, frequent adjournments, and congested diaries also play a major role in the delay.

There is, however, a faster alternative. The Small Claims Court, introduced to handle disputes worth up to one million shillings, has provided relief for victims seeking quicker justice. 

Cases filed here are required by law to be heard and determined within sixty days.

The Hidden Cost of Delay

For families already struggling with medical bills or the loss of a breadwinner, delayed compensation can deepen the pain. 

The financial pressure often forces victims to sell assets, take loans, or abandon treatment altogether. 

The emotional toll can be even heavier. 

“Delays don’t just slow justice, they break people emotionally,” notes Ndisia, who has worked on numerous accident cases. 

By the time compensation arrives, the families have already endured years of hardship.

The wait also prolongs trauma, especially for those who have lost loved ones. Many describe the process as reliving their grief each time they return to court.

New Challenges in Road Accident Claims

The rise in boda bodas, matatus, and private vehicles has made accident litigation more complex. 

Hit-and-run cases have become alarmingly common, leaving victims with little recourse when the offending driver disappears. 

Pedestrian accidents have also increased due to poor road design and congestion.

At the same time, fraudulent claims have emerged as a growing concern. Some claimants falsify medical records or even fabricate their involvement in accidents, prompting insurers and hospitals to tighten verification measures. 

On the brighter side, the use of digital evidence such as CCTV and dashcam footage is transforming how liability is proven in court, signalling a shift toward technology-driven justice.

Calls for Reform

Ndisya also notes that Kenya’s compensation system can be made faster and fairer through practical reforms. 

One major recommendation is the full digitisation of court records, as most proceedings still rely on physical files that are prone to loss or damage. 

Encouraging out-of-court settlements could also ease court backlogs and provide quicker relief to victims.

She is also calling for more public awareness on what to do after an accident. 

Many Kenyans are unaware of their rights or the importance of keeping proper documentation. 

Standardising medical record-keeping in hospitals could also prevent forgery and streamline verification.

When Procedure Derails Justice

One case that stands out for Ndisya involved a widow who sued for compensation after losing her husband in a road accident. 

She filed the case as the sole administrator of his estate, having obtained a limited grant of letters of administration. 

However, the deceased had left behind three minor children. Under Section 58 of the Law of Succession Act, such a grant cannot be issued to one person when minors are involved, as it creates a continuing trust. 

The court declared the grant and the entire case invalid.

It was a painful lesson that even genuine claims can collapse over procedural errors. 

The Bigger Picture

Behind every road accident statistic is a story of loss, resilience, and a legal system trying to balance fairness with formality. 

For many Kenyans, understanding what to do after an accident can mean the difference between justice served and justice denied. 

The law offers a path to compensation, but it demands patience, diligence, and the right guidance along the way.