The High Court has dealt Kenyan vehicle owners a blow after it declined to suspend the planned 50 per cent increase of motor vehicle insurance premiums.

This comes after the Kenya Human Rights Commission (KHRC) filed a case in court, challenging the increased insurance premiums for vehicles and exclusion of a specific category from the motor vehicle comprehensive cover.

Through KHRC lawyer Kelly Malenya, the commission argued that the actions of insurance companies are discriminatory, unjustified and illegal, considering the mandatory nature of motor-vehicle insurance.

“Considering the mandatory nature of motor-vehicle insurance the said actions of insurance companies are discriminatory, unjustified and illegal,” the court document read.

Kelly Malenya. PHOTO/COURTESY

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Malenya also said the actions may also amount to a violation of consumer rights and described them as punitive, insensitive and oppressive.

“The said actions also amount to a violation of consumer rights and are punitive, insensitive and oppressive,” he added.

He sought the court’s intervention on the matter and prayed that it halts the changes otherwise consumers will suffer.

“Unless the Honourable Court intervenes and halts the changes, consumers will continue to greatly suffer from the said acts of corporate impunity,” urged Malenya.

Instead, High Court Judge Anthony Mrima certified the case urgent and directed parties to appear next week for directions.

Anthony Mrima. PHOTO/COURTESY

The commission wants the court to declare the increase of motor-vehicle insurance premiums illegal, null and void because it did not involve public participation.

KHRC also accused the Insurance Regulatory Authority (IRA) of failure to protect the consumers from increases of the same kind.