The doctrine of subrogation is an important legal concept that exists in Kenya's legal system. Subrogation refers to the process by which one party, often an insurance company, assumes the rights and remedies of another party, typically an insured person, after compensating them for a loss. This doctrine allows the insurance company to step into the shoes of the insured and seek recovery from third parties who may be responsible for the loss.

In Kenya, subrogation is primarily governed by the Insurance Act, which sets out the rights and obligations of insurers and insured parties. According to the Act, when an insurer indemnifies an insured for a loss covered under the insurance policy, the insurer is entitled to be subrogated to all the rights and remedies of the insured against any third party in relation to that loss. This means that the insurer can pursue legal action against the party responsible for the loss in order to recover the amount paid out to the insured.

The doctrine of subrogation serves several purposes in Kenya. Firstly, it promotes the principle of indemnity, which is a fundamental concept in insurance law. By allowing the insurer to recover from the party at fault, subrogation helps prevent the insured from being unjustly enriched by receiving double compensation for the same loss.

Secondly, subrogation helps keep insurance premiums affordable by spreading the costs of losses across different parties. Without subrogation, insurers would have to bear the full burden of compensating the insured, leading to higher premiums for policyholders.

It is important to note that subrogation is subject to certain limitations and conditions in Kenya. For instance, the insurer's right to subrogation may be waived if it is expressly agreed upon in the insurance policy. Additionally, the insured must cooperate fully with the insurer in pursuing subrogation claims and must not take any actions that may prejudice the insurer's rights.

In conclusion, the doctrine of subrogation plays a significant role in Kenya's legal framework for insurance. It allows insurers to recover amounts paid to insured parties by stepping into their shoes and pursuing legal action against responsible third parties. This doctrine ensures that the principle of indemnity is upheld and helps maintain the affordability of insurance premiums for policyholders.

[*This article generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to us on info@wjmaxwelll.co.ke or call/WhatsApp on 0733 610 961]