Court ruling on buses will hurt community, school relationship

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Justice Roselyn Aburili's decision in Old Mutual General Insurance Kenya Limited v. Board of Directors, Oder Boys Boarding Special School (Civil Case E003 of 2023) is one with profound implications on the relationship that exists between public schools and their proximate communities. While the judgment might be legally sound, it exposes a deep disconnect between the legal interpretations of insurance contracts and the socio-economic realities most Kenyans face, especially those in the lower socio-economic spectrum.

The incident involved a school bus covered under an insurance policy, which only allowed using the vehicle for school purposes. The accident occurred when it was used to transport church members engaged in activities unrelated to school purposes, although the said church was one of the school's sponsors. Following the accident, the insurance company declined the claims of the injured church members on the grounds that they were unauthorised passengers as provided in the insurance policy. Justice Aburili ruled in favour of the insurance company, shutting communities from accessing school buses for non-school events.