Mwanjo Arcade Building.

Muchangi Patrick Muchangi Patrick.

& Co. Advocates.
Commissioner for Oaths.
LLB.UoN. (Hons). Dip-Law. KSL. 1st Floor, Room 28.
P105/13944/17.
LSK/2022/10725
Kimathi Street.
P.O. Box 1565-20300, Nyahururu.
Tel: 0722-878 607.
e-mail: muchangi@lawyer.com.

Your Ref: Not Advised Our Ref: DMD/AVIC/METCON/0/2 Date: 20.07.2022.

To: Claims Manager,

Metropolitan Cannon Insurance Co.
P.O. Box 30216-00100
NAIROBI.
e-mail: claims@metcannon.co.ke. (“Advance copy via e-mail”)

Attn. Mr. Nyambenge.

RE: Notice of Entry of Interlocutory Judgment in Nyahururu CMCC No. 298B of 2021-
Joel Mwangi Kariuki -versus- Peter Nduru Kairu and China Aero- Tech Engineering
Corporation (AVIC). – Our Client.
The above captioned matter refers. We have instructions from our client to address you as
hereunder:-
1. That our client insured motor vehicle registration number KHMA 277E with
yourselves on a Third Party policy under the Insurance Motor Vehicle ( Third Party
Risks) Act, Cap 405 through your agents Williams Insurance Agency Ltd vide Policy
number 0201/08/16424/20TPO-KHMA 277E whereby you agreed to insure the said
motor vehicle against all forms of liabilities which would become liable to pay in
respect of death or bodily harm to third party.
2. That the aforesaid motor vehicle was on 20.11.2020 involved in a fatal accident along
Kinamba- Nyahururu Highway in which two minors lost their lives.
3. That our client vide the e-mails dated 30.11.2020, 2.12.2022 and 1.1.2021 notified
your agents and filled out the claim forms whereupon you instructed your assessors
to investigate the claim. (Refer to the annexed email correspondence dated 30.11.2020,
2.12.2020and 16.6.2021 respectively).
4. That our client was served with Summons to Enter Appearance and immediately
forwarded the same to your agents for you to instruct a firm of Advocates to defend
the suit on behalf of our client in accordance with your statutory duty of subrogation.
(Refer to the annexed email correspondence dated 15.11.2021 and 16.11.2021).
5. That no advocate entered appearance on behalf of our client and an interlocutory
judgment was endorsed on 28.02.2022 and the matter set down for hearing on
05.09.2022.
We are on the premises, instructed to demand from you WHICH WE HEREBY DO that:-
a) You immediately instruct a firm of Advocates to enter appearance on behalf of the
Defendants and to file all the necessary pleadings in order to have the aforesaid
interlocutory judgment set aside.
b) That you give an undertaking to satisfy any claims arising from the aforesaid suit
against our client in accordance with your statutory duties under the section 10 (1) of
the Insurance Motor Vehicle ( Third Party Risks) Act, Cap 405.
c) That you appraise and to keep our client appraised on the case progress.

TAKE NOTICE that in default, our peremptory and irrevocable instructions are to institute a
declaratory suit against yourself to satisfy any decretal amounts ordered; for damages
breach of contract and for indemnification of all expenses, at all times holding you liable for
the costs thereby incurred and other consequences ensuing therefrom, without any further
communication to you whatsoever.

We trust that this will not be necessary and look forward to hearing from you at your earliest.
Be advised accordingly.

Yours faithfully,
For: MUCHANGI PATRICK & CO.
ADVOCATES

……………………….
MUCHANGI PATRICK.
/MP

Cc.
 Client;

Encl.