๐จ๐จThe ๐๐ข๐ ๐ก ๐๐จ๐ฎ๐ซ๐ญ ๐๐ญ ๐๐ข๐ก๐ข๐ ๐ in ๐๐๐ซ & ๐๐๐ง๐๐ซ๐๐ฅ (๐๐ซ๐๐๐ข๐ง๐ ) ๐๐ข๐ฆ๐ข๐ญ๐๐ ๐ฏ ๐๐ข๐ฅ๐๐ฌ ๐๐ง๐๐๐ฆ๐๐ข & ๐๐จ๐๐๐ซ๐ญ ๐๐ฆ๐ฐ๐๐ข ๐๐ค๐ข๐ฅ๐ฅ๐จ [๐๐๐๐] ๐๐๐๐ ๐๐๐๐๐ (๐๐๐) held that a motor vehicle dealer who has already sold and delivered a motorcycle cannot be held liable for a later accident merely because its name still appears on the NTSA register.
๐๐ฎ๐ฌ๐ญ๐ข๐๐ ๐. ๐๐ฒ๐๐ค๐ฎ๐ง๐๐ข confirmed that ๐๐๐๐ญ๐ข๐จ๐ง ๐ ๐จ๐ ๐ญ๐ก๐ ๐๐ซ๐๐๐๐ข๐ ๐๐๐ญ creates only a rebuttable presumption of ownership. The person whose name appears on the logbook is presumed to be the owner โunless the contrary is proved.โ In this case the dealer proved it had sold the motorcycle to a third party on 11 January 2022, 27 days before the accident on 7 February 2022 and produced a tax invoice acknowledged by the purchaser. The police abstract, the plaintiffโs own evidence and the investigating officer all showed that another person (the 1st Defendant) had possession, control and insurance of the motorcycle at the time of the accident. The Court held that this evidence fully rebutted the presumption leaving the dealer as a mere โpaper owner.โ
The Court further held that vicarious liability does not arise from registration alone. It requires proof of an employment or agency relationship between the registered owner and the rider. No such relationship was established. The rider named the other defendant as his employer and that defendant confirmed he had given him the motorcycle. The dealerโs employee list did not include the rider.
The decision reinforces two practical points. First, an official NTSA Copy of Records is strong evidence of registered ownership but is not conclusive where clear proof of a prior sale and change of possession exists. Second, victims and claimants should carefully identify the person who actually controlled and insured the vehicle at the time of the accident rather than relying solely on the name appearing on the register.
#law #kenya #legal #TrafficAct #NTSA #MotorVehicle #CourtOfAppeal #HighCourt #Ownership #VicariousLiability
Men,
Life will insult you. Abuse you. Betray you.
Notice the small good things anyway.
โข A cup of black coffee.
โข A morning walk.
โข A child laughing.
A man who can still find peace after a bad week cannot be broken.
GUARD YOUR FRAME.
#MasculinitySaturday
Men,
Pleasure is cheap, but meaning is expensive.
One night of pleasure can cost you a company and a legacy.
Before you choose what is easy, ask what it will cost you in ten years.
Live a righteous life, and have DISCIPLINE.
GUARD YOUR FRAME.
#MasculinitySaturday
Men,
Your neighbour bought a new car. Your classmate became a CEO.
Good for them.
Compare yourself to the man you were yesterday.
Did you lift more? Read more? Save more? Lie less?
That is the only race you are in.
GUARD YOUR FRAME.
#MasculinitySaturday
Please, take care of your health.
More and more young people are dying from hypertension, diabetes, kidney failure, cancer and other metabolic ailments.
These diseases are preventable yet expensive to treat.
#FoodFriday
The event brought together NOC-K First Vice President Barnaba Korir, Kenya Rugby Union (KRU) President Harriet Okach and members of the KRU Board, Ghana Rugby President Rafatu Inusah, Machakos County CEC John Kilonzo and the victorious players.
The National Olympic Committee of Kenya (NOC-K) hosted the Rising Lionesses to a breakfast at PrideInn Hotel to celebrate their historic gold medal triumph at the Dakar 2026 Youth Olympic Games.
"In recognition of this exceptional achievement, the players will be rewarded in line with the Governmentโs established athlete reward scheme".
CS Sports Salim Mvurya on his X after Rising Lionesses, returned following their historic gold medal triumph at the Dakar 2026