NAIROBI, Kenya — The High Court has ruled that Kenya’s Small Claims Court has no authority to hear personal injury cases, settling a long-standing legal question over the scope of the court’s jurisdiction.
In a judgment delivered on a petition challenging the constitutionality of the Small Claims Court Act, the court upheld most provisions of the law but clarified that personal injury claims were never intended to fall under the mandate of the Small Claims Court.
The judges held that Section 12 of the Act expressly excludes personal injury claims, noting that when the Small Claims Court was established, lawmakers did not contemplate it as a forum for handling injury-related disputes.
“The jurisdiction of the Small Claims Court is limited,” the court found, adding that while the Act allows the court to determine disputes arising from contracts, monetary claims and certain tortious liabilities, personal injury claims fall outside that scope.
As a result, the court ordered that all personal injury cases currently pending before the Small Claims Court be transferred to magistrates’ courts with the appropriate jurisdiction, particularly claims arising from motor vehicle accidents.
However, the court dismissed claims that key provisions of the Act were unconstitutional. It ruled that Sections 34 and 38 of the Act, together with Rule 18 of the Small Claims Court Rules, do not violate the Constitution.
The judges, nonetheless, struck down Rule 25 of the Small Claims Court Rules, finding it inconsistent with Article 24 of the Constitution, which governs the limitation of fundamental rights and freedoms. The court declared the rule unconstitutional.
The bench also rejected arguments that the Small Claims Court Act conflicts with Article 51 of the Constitution, which relates to the rights of persons detained or held in custody.
Despite partially allowing the petition, the court declined to award damages and directed that each party bears its own costs.
The ruling decisively resolves the jurisdictional debate, confirming that personal injury claims must be pursued in magistrates’ courts, not the Small Claims Court.
