In a landmark ruling that will reshape Kenya’s civil litigation landscape, the High Court has stripped the Small Claims Court (SCC) of jurisdiction to hear personal injury claims arising from road accidents. The decision effectively slams the door on thousands of accident victims seeking speedy justice for claims under KES 1 million.

The ruling, delivered by a three-judge bench, overturns the popular practice where accident victims utilized the SCC's 60-day turnaround time to settle medical bills and injury claims. The judges cited that personal injury matters often require complex evidence and expert testimony that the summary nature of the Small Claims Court is ill-equipped to handle.

The Implications for "Wanjiku"

This judgment is a significant blow to the common mwananchi. The SCC was designed as a "people's court"—informal, fast, and accessible. By relegating these cases back to the Magistrate's Courts, the High Court has inadvertently reintroduced the very delays the SCC was meant to cure.

• Backlog Tsunami: Magistrate courts, already choking with case backlogs, will now receive a flood of new injury files.
• Insurance Win: Legal experts view this as a tactical win for insurance companies, who often prefer the protracted litigation of higher courts to wear down claimants.
• Cost of Justice: Victims will now face higher legal fees and stricter procedural technicalities, potentially discouraging valid claims.

Legal tug-of-war

Justices Mabeya, Ogola, and Nyakundi argued that the Small Claims Court Act limited jurisdiction to commercial disputes and liquidated claims. "An injury is not a debt," the ruling read in part. "It is a claim for damages that requires strict proof." While legally sound, the decision widens the gap between the law and justice, leaving many wondering if the system is designed to protect the injured or the insured.