Just when the common mwananchi thought justice was becoming accessible, the door has been slammed shut. In a stunning and controversial ruling, the High Court has declared that personal injury claims do NOT fall under the jurisdiction of the Small Claims Court, throwing thousands of pending cases into legal limbo.

The ruling effectively strips the "Wanjiku court" of its most vital function for the ordinary Kenyan: the ability to seek quick, affordable compensation for road accidents and workplace injuries. The Small Claims Court, designed to handle disputes under KSh 1 million with minimal formalities, had become a beacon of hope for boda boda riders and pedestrians tired of the agonizing delays in the Magistrate's courts.

The Judicial Tug-of-War

This decision creates a chaotic conflict in our jurisprudence. While a recent Thika High Court ruling had affirmed the court's mandate, this latest judgment reverses that progress, citing a strict interpretation of the Small Claims Court Act. The judge argued that personal injury claims are "complex" and require strict evidentiary rules that the Small Claims Court is ill-equipped to handle.

• The Cost of Justice: By pushing these cases back to the Magistrate's Court, the judiciary has effectively increased the cost of justice. Legal fees, filing delays, and procedural technicalities will once again bar the poor from compensation.
• The Backlog Crisis: The Small Claims Court was clearing cases in under 60 days. The Magistrate's Court takes an average of three years. This ruling is a sentence to delay for thousands of injured Kenyans.

A Blow to Access

"It is a retrogression," says legal analyst Silas Akiro. "You cannot tell a man with a broken leg that his claim is too complex for a small court, yet too small for a big lawyer. You are telling him to suffer in silence."

As lawyers prepare to appeal, the immediate impact is confusion. Files are being returned, hearings are being adjourned, and the promise of "justice simple and fast" rings hollow. For now, if you get injured on a Kenyan road, do not expect a quick resolution. The system has just complicated your pain.