The High Court of Kenya has delivered a landmark ruling on the constitutionality of the Small Claims Court Act, dismissing a petition that sought to invalidate the law but partially allowing it by clarifying that personal injury claims do not fall within the jurisdiction of the Small Claims Court.
Court’s Findings
In its judgment, the court declared that Section 12 of the Act excludes personal injury claims, noting that such matters were never contemplated when the Small Claims Court was established.
The judges further held that:
- Sections 34 and 38 of the Act, as well as Rule 18 of the Small Claims Court Rules, are constitutional and do not violate the Constitution.
- Rule 25 of the Small Claims Court Rules is inconsistent with Article 24 of the Constitution and was therefore declared unconstitutional.
Transfer of Pending Cases
As a consequence of the ruling, the court ordered that all personal injury claims currently pending before the Small Claims Court be transferred to magistrates’ courts with the appropriate jurisdiction. This directive particularly applies to claims arising from motor vehicle accidents.
The court declined to award damages and directed that each party bear its own costs.
Clarification on Constitutional Consistency
The judges also ruled that the Small Claims Court Act is not inconsistent with Article 51 of the Constitution, emphasizing that personal injury claims were never intended to be handled by the Small Claims Court.
While the Act outlines the functions of the Small Claims Court to include disputes arising from contracts, monetary claims, and certain tortious liabilities, the court held that personal injury claims fall outside its mandate.
Significance of the Ruling
This decision settles a long-standing question on whether the Small Claims Court has jurisdiction to hear and determine personal injury claims. By affirming that such matters must be handled by magistrates’ courts, the ruling provides clarity for litigants, lawyers, and judicial officers, ensuring that personal injury disputes are addressed within the proper legal framework.
