• By Raymond Momanyi

A Ride to Ruin: The Devastating Cost of Using Private Motorcycle Insurance for Boda Boda Work

It’s a story we see too often on Kenyan roads. A simple shortcut, a small side-hustle, a decision made in a split second that spirals into a lifetime of regret, legal battles, and financial ruin. This is the story of Jonte, a mechanic from Ruaka, and it serves as a harrowing cautionary tale for every motorcycle owner in Kenya.

The Fateful Friday

Jonte’s situation is tragically common. He owns a motorcycle with private insurance, meaning it's covered for personal use only – commuting to his job on Kirinyaga Road, running errands, visiting friends. However, to make a little extra cash, he gets into the habit of carrying a passenger. This single act, carrying a fare-paying passenger, fundamentally changes everything from a legal and insurance perspective.

One Friday morning, disaster strikes. A reckless matatu causes Jonte to swerve and crash. He is injured, his bike is destroyed, but most tragically, his passenger is killed. The matatu speeds off, leaving Jonte to face the catastrophic consequences alone.

So, what happens next? Let's walk through the grim sequence of events.

Scenario 1: The Immediate Aftermath and the Police Cells

Will Jonte be arrested? Absolutely. Yes.

In any accident involving a fatality, the driver or rider of the vehicle where the death occurred is almost always taken into custody pending investigation. Jonte is the only party at the scene besides the deceased. The police will arrive, and he will be arrested and taken to the nearest police station.

He will be questioned, and a file will be opened. He will likely be held in the police cells for a few days as the police conduct their preliminary investigations. They will be looking to press charges, which could be severe.

Scenario 2: The Courtroom Battle

Jonte is not just facing a traffic infraction; he is facing serious criminal charges. The prosecution could charge him with:

1. Causing Death by Dangerous Driving/Riding: This is a very serious offense under the Traffic Act. Even though the matatu was the primary cause, the prosecution will argue that by carrying a passenger illegally and being on the road, Jonte contributed to the circumstances that led to the death. His defense would be the sudden emergency caused by the matatu, but this is for a court to decide.
2. Operating an Unlicensed Public Service Vehicle (PSV): By carrying a fare-paying passenger, his private motorcycle was effectively operating as a boda boda (a PSV). He does not have the license, inspection certificates, or the correct insurance for this.
3. Riding Without Valid Third-Party Insurance: This is the bombshell. The moment Jonte accepted a fare-paying passenger, his private insurance policy became void for that trip. Legally, he was riding with no valid insurance to cover his passenger.

Jonte will need a lawyer, and he will face a lengthy and expensive court process, all while dealing with his own injuries and trauma.

Scenario 3: The Insurance Claim - A Painful Rejection

This is where the true financial nightmare begins for Jonte and the victim's family.

• Jonte's Claim for His Bike: Jonte might have a comprehensive insurance policy and think, "At least my destroyed bike is covered." He would be wrong. When he files the claim, the insurance company will investigate. Once they discover he was carrying a fare-paying passenger—a material breach of the policy terms—they will repudiate the claim. This means they will legally refuse to pay for his motorcycle because he violated the terms of the contract. He gets nothing.
• The Passenger's Family Claim: Will the passenger's family be compensated? The most heartbreaking answer is: Not by Jonte's insurance. Since Jonte's policy was invalidated by his actions, the insurance company has no obligation to pay compensation for the passenger's death.

As a trusted intermediary, Imana Insurance Agency constantly advises clients on this crucial distinction. Using a vehicle for a purpose it's not insured for (like using a private bike for 'hire or reward') is one of the fastest ways to find yourself financially exposed. The correct cover, in this case, would have been a PSV/Boda Boda policy, which is specifically designed to cover fare-paying passengers.

Scenario 4: The Passenger's Family and Jonte's Negligence

With no insurance payout, the deceased passenger's family is left with one primary recourse: suing Jonte personally for wrongful death due to negligence.

They will argue that Jonte had a duty of care to his passenger, which he breached by operating his vehicle illegally and getting into an accident that caused her death. A court could award the family a substantial sum—potentially millions of shillings—for loss of life, pain and suffering, and funeral expenses.

With no insurance company to back him up, Jonte would be personally liable for this entire amount. This could lead to the auctioning of his assets, garnishing of his future wages, and complete financial devastation for the rest of his life.

What Jonte Should Have Done

The entire tragedy hinged on one illegal act. By saving a few thousand shillings on a proper PSV insurance policy, Jonte risked everything. The correct and only safe course of action is to ensure your insurance matches your vehicle's use.

If you use your motorcycle for personal commuting only, a private cover is sufficient. If you ever intend to carry a fare-paying passenger, even just once, you are legally required to have a PSV/Boda Boda insurance policy.

Don't let a shortcut lead you to ruin. The risk is never worth the reward.

Get the Right Cover, Get Peace of Mind.

Are you a motorcycle owner? Don't get caught in Jonte's nightmare. Contact Imana Insurance Agency Kenya Ltd today to discuss your needs. We help you compare and buy the correct insurance for your motorcycle, whether it's private or for boda boda business.

Visit us: 4th Floor, Krishna Centre, Woodvale Grove, Westlands, Nairobi. Website: www.imana.co.ke or www.mykava.co.ke Call/WhatsApp: +254796209402 | +254745218460

Imana's Other Stories

• Motorcycle Insurance Kenya
• Boda Boda Insurance Kenya
• Third-Party Motorcycle Insurance
• Private vs PSV Insurance
• Accident Claim Process Kenya
• What happens after a fatal accident in Kenya
• Imana Insurance Agency
• Carrying passengers on a private motorcycle penalties

#MotorcycleInsurance #BodaBodaSafety #RoadSafetyKE #ImanaInsurance #KnowYourCover #KenyaInsurance #LegalAdviceKenya #TrafficActKE #RideSafe