Receiving a repudiation letter on a claim you have paid premiums on for years is jarring. Kenyan policyholders have real rights, but they are time-sensitive and evidence-dependent. Here is the framework our insurance law team applies when reviewing a contested claim.
On what grounds can an insurer decline a claim?
The common grounds are non-disclosure or misrepresentation at proposal stage, breach of policy conditions (for example late notification), exclusion clauses, and disputes over causation or valuation. The insurer bears the burden of establishing the ground it invokes, and Kenyan courts scrutinise exclusion clauses strictly, construing ambiguity against the insurer.
What should a policyholder do first?
- Obtain the written grounds of repudiation, not a verbal explanation
- Re-read the proposal form and policy schedule against those grounds
- Preserve all correspondence, survey reports, and claim documentation
- Diary the limitation position, six years for contract claims, but contractual notification windows are far shorter
Which forum hears insurance disputes in Kenya?
Insurance disputes are litigated in the High Court and subordinate courts, with regulatory complaints possible through the Insurance Regulatory Authority for certain matters. Where the policy contains an arbitration clause, that route governs. Our Nairobi insurance law practice advises both policyholders and insurers on contested claims. Contact us for a confidential review of your repudiation letter.