A three-judge bench of the High Court in Eldoret has ruled that the Small Claims Court (SCC) no longer has jurisdiction over personal injury claims from road traffic accidents, effective January 22, 2026. The court also declared unconstitutional the practice of arresting and committing debtors to civil jail for failure to satisfy judgments.

• All pending road traffic accident injury matters before the SCC are to be transferred to the Magistrates’ Courts immediately.
• The ruling was made in the consolidated petitions of James Muriithi Gathaiya & Others v Attorney General & Others.
• The judges stated that claims for compensation from traffic accidents “cannot be classified as small or simple,” citing the complexity of negligence and insurance law.