High Court Judge Roselyn Aburili has issued a stern warning to educational institutions and the public regarding the use of school buses for non-educational purposes. This follows her ruling in a case involving a school bus accident where the vehicle was insured under a policy meant solely for educational activities.
The case arose from an incident on April 23, 2023, when Oder Boys Boarding Special School hired out its bus to transport attendees to a church event. Unfortunately, the bus was involved in an accident on the Kakamega-Kisumu road, injuring several church members who were not covered under the school’s insurance policy.
Old Mutual General Insurance Kenya Limited, the plaintiff, filed a lawsuit to avoid liability, arguing that the school breached the policy terms by using the bus for unauthorized purposes. The insurer maintained that the policy explicitly excluded coverage for passengers not affiliated with the school.
“The insurance policy was designed to cover only school-related activities,” Old Mutual argued, emphasizing that the bus’s use for private events voided the policy.
In her ruling, Justice Aburili sided with the insurer, stating that the policy’s exclusions were clear and that Old Mutual was not liable for any claims arising from the accident. “Voiding coverage leaves injured passengers or their families without compensation, as the schools involved may find it challenging to meet the financial demands of legal claims,” she noted.
The Judge expressed concern over the common practice of schools renting out their buses for private events like weddings and funerals, highlighting the risks involved. “The insured often assumes risks out of ignorance, while unauthorized passengers are unaware of the potential dangers,” she said.
Justice Aburili urged schools to adhere strictly to their insurance policies and avoid using their buses for non-educational purposes without securing proper coverage. “This includes refraining from renting out buses for private events without appropriate insurance,” she emphasized.
To raise awareness, she ordered that her judgment be distributed to all schools through the County Directors of Education. “I trust and hope that this judgment will reach all schools to alert School Management Boards about the dangers associated with this practice,” she concluded.
