K
Originally published by Kenyans
📰 Read Full Article
top
January 22, 2026
19h ago

Why Some Claims Don’t Qualify for Small Claims Court

Why Some Claims Don’t Qualify for Small Claims Court

The Small Claims Court was designed to handle simple, low-value disputes, typically commercial or monetary claims of KSh 1 million or less..

✨ Key Highlights

The High Court of Kenya has clarified that personal injury claims from road traffic accidents are excluded from the jurisdiction of the Small Claims Court. This ruling, delivered on January 22, stems from challenges to the Small Claims Court Act, 2019.

  • All pending road traffic accident injury cases in the Small Claims Court must be transferred to the Magistrates’ Court.
  • The Small Claims Court was designed for simple, low-value disputes, typically commercial or monetary claims of Ksh 1 million or less.
  • Rule 25, which allowed arrest and committal to civil jail in the Small Claims Court, was struck down as unconstitutional.

Continue Reading

Read the complete article from Kenyans

📰 Read Full Article

Part of the Day's Coverage

Govt Announces Road Projects as MP is Injured in Accident and Court Rules on Claims - January 2026

During a tour in Meru, President William Ruto announced the construction of a Ksh3 billion bypass highway in Meru town and the reconstruction of the Nithi Bridge at a cost of Ksh7 billion, set to begin in February 2026. On Thursday morning, Buuri MP Mugambi Rindikiri was involved in a road accident on the Nanyuki–Meru highway while on his way to a presidential event in Meru County; he was reported to be in stable condition. In a related legal development, the High Court of Kenya delivered a ruling on January 22 clarifying that personal injury claims from road traffic accidents are excluded from the jurisdiction of the Small Claims Court. This decision stems from challenges to the Small Claims Court Act, 2019.

4 stories in this topic
View Full Coverage
Advertisement
Advertisement