In the case of Justus Muthiga and others vs. The Law Society of Kenya, the Court of Appeal of Kenya held that section 3 (a) (as read with section 6) of the Insurance (Motor Vehicle Third Party Risks) (Amendment) Act (No. 50 of 2013) (hereinafter the Amendment Act) which sought to introduce the Structured Compensation Liability schedule, purporting to give universal pre-determined compensation in respect of particular injuries was not Constitutional. The judges argued that the schedule cannot be incorporated into any judgment without affecting the validity of the judgment, and in effect impugning the authority of the court. The judges further held that section 5 (b) of the principal Act, which sought to limit the maximum quantum of damages payable to each victim of a motor vehicle accident to Kshs. 3,000,000 was not unconstitutional but went on to hold that since the apportionment of liability, post judgment, would not be a judicial function, then to that extent, the intention of Parliament was unconstitutional. Parliament and the insurance industry should carefully consider this judgment and realize that limitation of liability is possible if apportionment of the said liability is left to the judiciary.