NAIROBI, Kenya Jan 22- A three-judge bench of the High Court sitting in Eldoret has barred the Small Claims Court (SCC) from hearing personal injury claims arising from road traffic accidents and from ordering the arrest and committal of debtors to civil jail.
In a judgment delivered on January 22, 2026, Justices George Odunga Ogola, David Mabeya and Reuben Nyakundi ruled that the SCC lacks jurisdiction to determine traffic accident injury claims, citing the complexity of negligence and insurance law involved in such cases.
The ruling, issued in the consolidated petitions of James Muriithi Gathaiya & Others v Attorney General & Others, directs that all pending road traffic accident injury matters before the SCC be transferred to the Magistrates’ Courts with immediate effect.
The judges held that while the Small Claims Court Act allows the court to hear personal injury claims, Parliament did not intend to include road traffic accident cases, which require detailed medical assessments, proof of negligence and compliance with the Insurance (Motor Vehicle Third Party Risks) Act.
“A claim for compensation for personal injuries arising from road traffic accidents cannot be classified as small or simple,” the court ruled, noting that negligence claims demand proof of duty, breach, causation and damages under established common-law principles.
The bench also declared unconstitutional Rule 25 of the Small Claims Court Rules, which permits the arrest and committal of debtors for failure to satisfy civil judgments. The judges found that the rule unlawfully expanded the powers of the SCC beyond what is provided for in the parent statute.
The court held that the Small Claims Court Act does not authorize the deprivation of liberty for civil debt, and that the Chief Justice lacked the constitutional authority to introduce such powers through subsidiary legislation. The practice, the judges said, violates Articles 24 and 94(6) of the Constitution.
However, the court upheld the constitutionality of other aspects of the Small Claims Court framework, including the requirement that cases be concluded within 60 days and the restriction of appeals to matters of law only.
The decision significantly curtails the jurisdiction of the Small Claims Court and marks a major recalibration of its role within Kenya’s judicial system.
