High Court Judge Roselyn Aburili has issued a stern warning to schools and the public against using school buses for private events, following a case that involved a school bus accident.
The ruling highlights the significant legal and financial risks associated with hiring out school buses for non-educational purposes, such as weddings and funerals.
The case centered on an accident that occurred on April 23, 2023, when a school bus, insured exclusively for educational use, was hired to transport church members to a religious event.
Justice Aburili emphasized that such practices often violate the terms of insurance policies, which are typically designed to cover school-related activities only.
When accidents occur under these circumstances, insurance coverage may be voided, leaving injured passengers or their families without compensation.
The plaintiff, Old Mutual General Insurance Kenya Limited, filed the suit to avoid liability, arguing that the bus was used in a manner contrary to the policy’s stipulations.
The court ruled in favor of the insurer, stating that the policy explicitly excluded coverage for unauthorized passengers, such as those involved in the accident.
Justice Aburili’s decision underscores the importance of schools adhering strictly to their insurance policies and refraining from renting out buses for private events without securing appropriate insurance coverage.
The ruling serves as a critical reminder to educational institutions to avoid exposing themselves to unnecessary financial risks by engaging in unauthorized activities.
