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Small ClaimsStruck OutKitale SCC CC. No. E153 of 2024· [2024] SCC 22 (KLR)

Onyango v Maina & another (Claim E053 of 2024) [2024] SCC 22 (KLR)

Small Claims Court
9 December 2024
TOT.O. Omono
851 words in judgment
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The bottom line

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Kenya's Small Claims Court struck out a road accident injury claim, ruling it has no power to hear personal injury cases.

What this practically means

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Executive summary

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The Claimant sued for general damages, special damages of Kshs. 1,000/=, costs and interest following a road traffic accident on 10th February 2024 along the Kitale-Webuye road near Kitale Airstrip, in which his motor vehicle KBT 200 F collided with the Respondents' motor vehicle KBN 357 J, causing bodily injuries. The Respondents denied negligence and blamed the Claimant. Parties elected to proceed under section 30 of the Small Claims Court Act on 21st November 2024. The court noted that the original claim, filed on 2nd October 2024, was a material damage claim, but the Amended Statement of Claim dated 31st October 2024 abandoned the material damage claim and sought damages for personal injuries. The court raised, on its own motion, the question of whether it had jurisdiction over personal injury claims arising from road traffic accidents, citing authority that jurisdictional questions may be raised at any stage. Noting conflicting High Court decisions on the point, the court exercised its discretion to follow Ogwari v Hersi, which held that the Small Claims Court lacks jurisdiction over such claims, rather than Irungu v Karanja which took the contrary view. Accordingly, in the disposition, the claim was struck out with costs of Kshs. 10,000/= to the Respondents, and a decree was ordered to issue forthwith. Judgment was read, signed and delivered in open court at Kitale on 9th December 2024 by T.O. Omono, Adjudicator.

Key legal issues

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Jurisdiction of the Small Claims Court over personal injury claims from road traffic accidents

Holding

The Small Claims Court lacks jurisdiction to entertain such claims; the claim is accordingly struck out

Reasoning

The court identified jurisdiction as a threshold issue it could raise suo motu at any stage, citing Court of Appeal authority. Noting conflicting High Court decisions - Ogwari v Hersi (no jurisdiction) and Irungu v Karanja (jurisdiction exists) - the court exercised its discretion to follow Ogwari v Hersi, holding that the Small Claims Court cannot determine personal injury claims arising from road traffic accidents, and struck out the claim with costs.

p. 3

Legal principles established

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  • A question of jurisdiction may be raised by the court suo motu at any stage of proceedings, including at the judgment stage
  • The Small Claims Court lacks jurisdiction to hear and determine personal injury claims arising from road traffic accidents

Court orders

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  1. 1.The Claimant's claim is struck out
  2. 2.Costs of Kshs. 10,000/= to the Respondents
  3. 3.Decree to issue forthwith
Jurisdiction invoked
Small Claims Court Act, section 30 (parties elected to proceed thereunder); jurisdiction challenged as to personal injury claims

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Onyango v Maina & another (Claim E053 of 2024) [2024] SCC 22 (KLR)", Case Analysis (2024). Kitale SCC CC. No. E153 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2024/22/eng@2024-12-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.