NAIROBI, Kenya — Chief Justice Martha Koome has issued new guidelines governing the transfer of personal injury claims arising from road accidents from the Small Claims Court to Magistrates’ Courts following a High Court judgment that affected the jurisdiction of the lower court.
The directives were published under Gazette Notice No. 6567 pursuant to powers conferred under Section 5(2)(c) of the Judicial Service Act.
The guidelines aim to ensure continuity of proceedings and prevent disruption of cases that were already before the Small Claims Courts prior to the High Court ruling.
According to the notice, all procedural steps previously undertaken before the Small Claims Court will remain valid and properly on record once the matters are transferred to the Magistrates’ Courts.
The Judiciary further directed that any orders issued by the Small Claims Court before the transfer shall remain valid and enforceable.
“The receiving court shall proceed with the matters from the stage reached before transfer, with necessary adaptations and flexibility to align with the Civil Procedure Act and Rules, and all other applicable laws,” the notice states.
The new framework emphasizes continuity and protection of litigants from prejudice arising from the transfer process.
Under the guidelines, all transferred cases are to be heard and determined on a priority basis in an effort to prevent delays in compensation claims involving accident victims.
The Judiciary also clarified that adjudicators who previously handled eligible matters in the Small Claims Court may continue managing the transferred files in their capacities as magistrates alongside other judicial officers at the respective court stations.
The notice additionally outlines procedures governing post-judgment processes.
Where judgments had already been delivered by the Small Claims Court before January 22, 2026, but decrees had not yet been extracted, the decrees will continue to be processed within the Small Claims Court.
However, where eligible matters are transferred before judgment or decree extraction, the receiving Magistrates’ Court will assume responsibility for subsequent processes.
The Judiciary also directed that parties filing post-judgment applications in matters initially concluded by the Small Claims Court will bear responsibility for requesting transfer of the court files to the relevant court handling the new applications.
Further, typed proceedings will be provided by the receiving courts whenever required in transferred matters.
The guidelines follow ongoing legal and constitutional debates over the jurisdictional scope of the Small Claims Court, particularly regarding personal injury and road accident compensation claims.
Established to facilitate quick and affordable resolution of civil disputes involving lower monetary claims, the Small Claims Court has increasingly handled insurance-related disputes, debt recovery cases, and commercial claims.
The Judiciary’s move is also expected to ease confusion among lawyers, insurers, accident victims, and judicial officers handling pending claims affected by the jurisdictional transition.
The guidelines took effect following their publication in the Kenya Gazette dated May 4, 2026.
