Unlicensed Rider Legal Challenges

Summary

Unlicensed riders in Kenya who ride against traffic and cause accidents may face difficulties in suing for injuries due to their own negligence. Riding without a license and against traffic is illegal and considered negligent behavior, which can limit or negate the ability to claim damages. Comparative negligence may reduce compensation. If a lawyer colludes to conclude a case without your involvement, it may be professional misconduct. File a complaint with the Law Society of Kenya or the Advocates Complaints Commission. If a respondent avoids court documents, use substituted service or an affidavit of service. A decree holder can become a respondent if a counterclaim is filed. You can sue a claimants lawyer for false claims under professional misconduct, malicious prosecution, or perjury. Compensation varies based on case specifics. Your lawyer should inform you of court requirements, not the claimants lawyer.

Full Conversation

Can unlicensed rider who rides against traffic causing an accident in due cause gets Grevious harm can he sue for his injuries
Hello Titus Kioko,
Thank you for your question. In Kenya, an unlicensed rider who rides against traffic and causes an accident may face legal challenges in suing for their injuries due to their own negligence. Key points include:
- Riding without a license is illegal.
- Riding against traffic is considered negligent behavior.
Would you like more details on this topic?
yes
Hello Titus Kioko,
Here are additional details:
- Under the Traffic Act (Cap. *) in Kenya, riding without a license is a violation.
- Negligence, such as riding against traffic, can limit or negate your ability to claim damages.
- Comparative negligence may be considered, where your responsibility reduces the compensation.
Would you like information on how to proceed legally or on any other topic?
yes
Hello Titus Kioko,
To proceed legally, you may consider the following steps:
- Consult a legal expert to assess your case and provide guidance.
- Gather evidence that could support any mitigating factors or negligence on the other party’s part.
- Understand that your actions will significantly impact the outcome of any legal proceedings.
Would you like more details on finding legal representation or on any other specific topic?
What happens when the claimants lawyer colludes with my lawywe to conclude a case without my involvement
Hello Titus Kioko,
If the claimant's lawyer colludes with your lawyer to conclude a case without your involvement, it may constitute professional misconduct and breach of legal ethics. Key points include:
- You may file a complaint with the Law Society of Kenya.
- You can seek redress by reporting to the Advocates Complaints Commission.
Would you like more details on how to proceed with filing a complaint?
no
Hello Titus Kioko,
If you don't need more details on filing a complaint, is there any other legal issue or specific information you need help with today?
if the respondent in a case not cooperating in receiving court documents how else do you proof service to court?
Hello Titus Kioko,
If the respondent is not cooperating in receiving court documents, alternative methods to prove service in Kenya include:
- **Substituted Service:** This involves serving documents through other means like email, posting on the respondent's last known address, or publishing in a newspaper.
- **Affidavit of Service:** A sworn statement by the person serving the documents detailing the attempts made to serve the respondent.
Would you like more details on these methods?
yes
Hello Titus Kioko,
Here are additional details on alternative methods to prove service in Kenya:
- **Substituted Service:**
- Obtain a court order allowing service via other means like email, posting at the last known address, or publishing in a newspaper.

- **Affidavit of Service:**
- The server submits a sworn statement with details of all attempts to serve the respondent.
Would you like information on how to apply for a court order for substituted service or any other topic?
A draft of a mention notice?
Hello Titus Kioko,
Below is a draft of a mention notice:
---
**REPUBLIC OF KENYA**
**IN THE CHIEF MAGISTRATES COURT AT NAIROBI**
CIVIL CASE NO. [Case Number]
****** ******...............................................................................PLAINTIFF
VERSUS
[RESPONDENT’S NAME]..................................................................DEFENDANT
**NOTICE OF MENTION**
TAKE NOTICE that this matter is fixed for mention on the [mention date] at [mention time] or soon thereafter in the Chief Magistrates Court at Nairobi.
DATED at NAIROBI this [date].
_________________________
[Your Lawyer's Name]
[Your Lawyer's Firm]
[Contact Information]
---
Would you like any additional information or assistance on this topic?
Can a decree holder be reversed to respondent in a case?
Hello Titus Kioko,
In Kenya, a decree holder can potentially become a respondent in a subsequent or related case. This typically happens if the original respondent files a counterclaim or a new suit involving the decree holder.
Would you like more details on how this process works?
Can you sue a claimants lawyer for filing a case that he has lied on material facts?
Hello Titus Kioko,
In Kenya, you can potentially sue a claimant's lawyer for filing a case with false material facts under the following circumstances:
- **Professional Misconduct:** File a complaint with the Law Society of Kenya (LSK).
- **Malicious Prosecution:** If you suffer harm due to the false claims.
- **Perjury:** If the lawyer knowingly presents false evidence.
Would you like more details on any of these points?
yes
Hello Titus Kioko,
Here are additional details on suing a claimant's lawyer for filing a case with false material facts:
- **Professional Misconduct:**
- File a complaint with the Law Society of Kenya (LSK).
- Provide evidence of the false claims and unethical behavior.
- **Malicious Prosecution:**
- Prove that the case was filed without reasonable grounds and with ill intent.
- Demonstrate that you suffered harm due to the false claims.
- **Perjury:**
- Show that the lawyer knowingly presented false evidence under oath.
- Report the perjury to the appropriate legal authorities.
Would you like more information on filing a complaint with the LSK, pursuing a malicious prosecution claim, or reporting perjury?
Generally how much is the compensation in such a case?
Hello Titus Kioko,
Compensation in cases of professional misconduct, malicious prosecution, or perjury can vary widely based on the specifics of the case, including the harm suffered and the evidence presented.
- **Professional Misconduct:** Compensation depends on disciplinary actions by the Law Society of Kenya.
- **Malicious Prosecution:** Damages awarded can cover legal costs, emotional distress, and reputational harm.
- **Perjury:** Legal consequences for the lawyer, but direct compensation to you may be limited unless tied to malicious prosecution.
Would you like more information on any of these aspects?
In a case where am represented by lawyer who should inform me on requirements by court, claimants lawyer or my lawyer?
Hello Titus Kioko,
Your lawyer should inform you of the requirements set by the court in your case. It is your lawyer's responsibility to keep you updated and ensure you understand all necessary steps and documentation.
Would you like more details on your lawyer's responsibilities or any other topic?
claimants lawywer cannot serve me directly?
Hello Titus Kioko,
A claimant's lawyer can serve you directly, but it must be done in accordance with legal procedures and ethical standards. If you have any concerns about the manner in which you are being served, you can consult your lawyer for guidance.
Would you like more details on service of process or any other topic?