Motor insurance in Kenya: what Cap. 405 requires
The law: Cap. 405
Section 4(1) of the Insurance (Motor Vehicles Third Party Risks) Act says no one may use a motor vehicle on a road — or let someone else use it — unless a valid policy of insurance or security covering third-party risks is in force. Government vehicles, and farm tractors moved between parts of the owner's land, are exempt (section 4(3)).
Section 5(b) sets what the policy must cover: liability for the death of, or bodily injury to, any person caused by the use of the vehicle on a road.
What the legal minimum does not cover
Under section 5(b), a compulsory policy does not have to cover:
- your employees injured in the course of their work;
- passengers — except in vehicles carrying passengers for hire or reward (matatus, taxis) or under a contract of employment;
- liability you took on by contract;
- any amount above KES 3 million for a claim by one person.
Damage to other people's property is not part of the statutory minimum, and damage to your own car never is. Both come with broader policies — see third-party vs comprehensive.
The penalty for driving uninsured
| Offence | Penalty under Cap. 405 |
|---|---|
| Using an uninsured vehicle (s.4(2)) | Fine up to KES 10,000, or up to 2 years' imprisonment, or both |
| Driving licence | The court may disqualify you for 12 months on a first conviction, and must on a second, unless there is a special reason |
| Other offences under the Act (s.17) | Fine up to KES 500,000, or up to 1 year's imprisonment, or both |
How to check a motor insurance certificate
Motor certificates in Kenya are digital. The Association of Kenya Insurers runs the DMVIC system: dial *352# or use the AKI VIC app to see the insurer, the vehicle, the cover dates and whether the certificate is genuine. There is also a web check.
Also check that the insurer is on IRA's list of licensed insurers.
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Frequently asked questions
Does third-party insurance in Kenya cover damage to the other car?
It is not required by Cap. 405, which only requires cover for death or bodily injury. Many third-party policies add property damage up to a limit — read the policy schedule.
What is the maximum compulsory third-party cover per person in Kenya?
Cap. 405 does not require cover above KES 3 million for a claim by one person (section 5(b)(iv)).
How do I verify a motor insurance certificate in Kenya?
Dial *352# or use the AKI VIC app, run by the Association of Kenya Insurers through DMVIC.
Are passengers in a private car covered by compulsory insurance?
No — Cap. 405 only requires passenger cover for vehicles carrying passengers for hire or reward, or under a contract of employment. Ask the insurer for passenger cover on a private car.
