A landmark court decision has shocked parents and educators, clarifying the scope of school bus insurance coverage and leaving victims of the Kisumu school bus tragedy without compensation from the school’s insurer.
The court found that the policy only applies to enrolled pupils, the bus driver, and officially registered teachers accompanying learners.
Notably, school board members, non-teaching staff, and administrators are only covered if they are on an official Ministry of Education (MoE) or school-sanctioned duty.
This interpretation excludes several victims of the Kisumu crash, denying them any payout and sparking frustration among affected families.
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The dispute centred on how the school’s insurance policy should be interpreted. The court concluded that, because some victims were not within the covered categories—such as parents or non-teaching staff on board—the insurance company is not bound to compensate them.
Legal commentators warn that this precedent could compel schools to overhaul their insurance arrangements to shield themselves from future gaps in coverage.
“This ruling exposes a gap in protection,” said lawyer James Omondi, who specialises in education law.
“Schools must now ensure their policies explicitly cover all possible passengers, or risk leaving victims without support in case of accidents.”
For those affected by the Kisumu tragedy, the verdict is a severe setback, as it cuts off the hoped-for financial assistance for medical bills and related costs.
“This judgment means we have to review all our transport contracts. If something happens, we could be held personally liable for costs that insurance should cover.”
By Joseph Mambili
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