The Judiciary has clarified that claims arising from road traffic accidents are too complicated to be processed by the Small Claims Court, following a High Court ruling. The decision now directs that all personal injury cases from road crashes be filed and heard in magistrates’ courts.
Speaking to NTV on Thursday, Judiciary Spokesperson Paul Ndemo explained that the Small Claims Court was designed for quick resolution of minor financial disputes. Cases like unpaid goods or small contract claims, where one or two witnesses can settle matters quickly, are suitable for this court.
Road accident claims, Ndemo said, involve far more complex processes. “The very reason why these cases found themselves in the Small Claims Court initially was that it is a new court, and people were experimenting to see if such matters could be brought here. But road traffic accidents are not simple disputes,” he said.
He added that accident claims often require medical examinations, testimony from multiple doctors, input from independent investigators, and evidence from several witnesses.
Differences in medical reports or contradictory evidence can stretch the case for weeks, which goes against the court’s purpose of resolving disputes within 60 days.
"By their very nature, those matters are not that simple. But because it was a new court, these things were being tried, and courts were making decisions. Now, on a three-judge bench, the matter was adjudicated there, and the court found that these matters should not be in that court. So, by just removing road traffic accidents, it brings back a lot of simplicity into the court process," Ndemo said.
He further noted that the Small Claims Court handles disputes involving sums up to one million shillings, where resolution can be reached without lengthy procedures. Established under the Small Claims Court Act, 2016, the courts aim to provide quick, affordable access to justice for low-value civil and commercial disputes.
The High Court ruling followed a case in which petitioners James Muriithi Gathaiya and Reuben Oyamo Odoyo asked for clarification on whether personal injury claims, particularly from road accidents, could be handled in the Small Claims Court. Judges Alfred Mabeya, Reuben Nyakundi, and Eric Ogola concluded that such claims were never meant to be included under the court’s mandate.
“A declaration is hereby issued that claims for personal injuries arising out of road traffic accidents are excluded from Section 12(1)(d) of the Small Claims Court Act,” the ruling stated. It added that the Small Claims Court “has no jurisdiction to entertain such claims forthwith.”
