CJ Koome issues guidelines for transfer of road accident personal injury claims to magistrates’ courts

Chief Justice Martha Koome has issued new judicial guidelines governing the transfer of personal injury claims arising from road traffic accidents from Small Claims Courts to Magistrates’ Courts following a High Court judgment.

In Gazette Notice No. 6567, issued under the Constitution of Kenya and the Judicial Service Act, the Chief Justice provided a framework aimed at ensuring continuity of cases and preventing delays or prejudice to litigants affected by the transfers.

The guidelines state that all prior court work will remain valid. “All proceedings, records and orders of procedure of the Small Claims Court shall remain valid and shall be deemed properly on record in the receiving court,” the notice reads.

It further directs that “all existing orders issued by the Small Claims Court prior to the transfer of an eligible matter shall remain valid and enforceable,” reinforcing legal certainty for ongoing cases.

To safeguard fairness and efficiency, the Judiciary has emphasized continuity as a key principle.

“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 guidelines state.

The directive also prioritises the speedy resolution of the affected cases. “All transferred matters shall be heard and determined on priority basis,” the notice provided, underscoring the Judiciary’s intention to prevent backlogs following the transition of files between court systems.

In a move aimed at maintaining institutional memory and efficiency, the guidelines further allow continuity of judicial officers handling the matters.

“In all court stations, Adjudicators who were seized of eligible matters may continue to handle the transferred matters, in their capacities as Magistrates, alongside other Magistrates in the station,” it states.

On post-judgment processes, the notice clarifies procedures for decrees and follow-up applications. It states that decrees shall be extracted either at the Small Claims Court or receiving court depending on the stage of proceedings, while parties filing post-judgment applications will be responsible for requesting transfer of relevant case files.

The Judiciary also directed that where necessary, typed proceedings will be provided by the receiving courts in transferred cases to ensure smooth continuation.

The guidelines, dated May 4, 2026, and signed by Chief Justice Koome, are expected to streamline handling of personal injury claims while strengthening coordination between the Small Claims Courts and Magistrates’ Courts.