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Small ClaimsOtherCivil Case No E066 of 2025· [2026] SCC 42 (KLR)

Kuria v Manundu & another (Civil Case E066 of 2025) [2026] SCC 42 (KLR)

Small Claims Court
26 June 2026
1,336 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Small Claims Court confirmed it can hear assault injury claims, but struck out this suit because the claimant delayed and ignored filing requirements.

What this practically means

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Executive summary

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This Small Claims Court ruling at Murang'a, delivered by Senior Resident Magistrate/Adjudicator Grace Waithĩra on 26th June 2026, determined a preliminary objection raised by the claimant on 11th February 2026 challenging the court's jurisdiction over her personal injury claim. The claimant alleged that the respondents attacked her at Old Donholm estate on 30th October 2024, causing injuries for which she sought general and special damages. The court reiterated its earlier decision of 5th June 2025, in which it had dismissed a similar jurisdictional objection, holding that section 12 of the Small Claims Court Act confers jurisdiction over compensation for personal injuries, including assault-based claims, and that this position had not been overturned on appeal. Counsel for the claimant had invoked Gathaiya v AG, which held the Small Claims Court unsuited to road traffic accident injury claims, but the court distinguished that decision because it turned on insurer rights under the Insurance (Motor Vehicle Third Party Risks) Act, provisions irrelevant to assault claims. However, the court noted the claimant had failed to attach a medical report and receipts as required by the Small Claims Court Rules, failed to file additional documents when granted leave, and had inconsistently challenged jurisdiction on grounds she had previously resisted. Balancing these factors against the overriding objective of expeditious disposal, and noting the suit had languished nearly two years, the court struck out the suit — expressly not for want of jurisdiction — and awarded the respondents costs assessed at Kshs. 10,000/=.

Key legal issues

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01

Jurisdiction of the Small Claims Court over personal injury claims arising from assault

Holding

The court has jurisdiction; its earlier decision dismissing a similar objection remained good law and was not overturned on appeal

Reasoning

Section 12 of the Small Claims Court Act confers jurisdiction over claims for compensation for personal injuries. The court had earlier, on 5th June 2025, dismissed a similar preliminary objection, holding that the cause of action was the tort of trespass to the person and that assault-based personal injury claims may be filed in the Small Claims Court. That position had not changed and had not been overturned on appeal, so the objection was dismissed.

p. 2
02

Distinction of Gathaiya v AG

Holding

Gathaiya, which held the Small Claims Court unsuited to road traffic accident personal injury claims, does not apply to assault claims

Reasoning

Gathaiya turned on an insurer's statutory right under sections 3A and 3B of the Insurance (Motor Vehicle Third Party Risks) Act to re-examine a claimant and verify information — a right with no application to assault claims. The present cause of action arose from an alleged assault, not a road traffic accident, so the decision was distinguished.

p. 2
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Whether the suit should be struck out notwithstanding jurisdiction

Holding

Yes — the suit was struck out because the overriding objective of expeditious disposal could not be met

Reasoning

The claimant failed to attach a medical report and receipts as required by Rule 12 of the Small Claims Court Rules, declined to file additional documents when granted leave, and inconsistently challenged jurisdiction on grounds she had earlier resisted. With the suit pending nearly two years, striking out was warranted even though the court had jurisdiction.

p. 3

Legal principles established

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  • The Small Claims Court has jurisdiction under section 12 to determine compensation claims for personal injuries, including injuries arising from assault
  • A claimant suing for personal injuries in the Small Claims Court must attach a medical report and receipts for medical expenses to the Statement of Claim
  • A suit may be struck out in the Small Claims Court where its expeditious-disposal objective cannot be achieved, even where jurisdiction exists

Court orders

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  1. 1.The claimant's preliminary objection challenging the court's jurisdiction is dismissed
  2. 2.The suit is struck out
  3. 3.Costs to the respondents assessed at Kshs. 10,000/=.

Authorities

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Legislation

  • Small Claims Court ActSection 12
  • Insurance (Motor Vehicle Third Party Risks) Act, 2013Sections 3A and 3B
  • Small Claims Court RulesRule 12(5)(3) (as quoted); Rule 23(4)(b)

Cases cited (6)

  • HWK v Rachel N. Kang'ethe & Karen Hospital Nairobi
    [2019] KEHC 1753 (KLR)
  • Ogwari v Hersi (Civil Appeal 223 of 2022)
    [2023] KEHC 2011 (KLR) (3 July 2023)
  • Jane v Runga (Civil Appeal E034 of 2024)
    [2024] KEHC 11036 (KLR) (18 September 2024)
  • Maina & 4 others v Director of Public Prosecutions & 4 others (Constitutional Petition E106 & 160 of 2021 (Consolidated))
    [2022] KEHC 15 (KLR) (27 January 2022)
  • Gathaiya vs AG and 2 others; and 176 interested parties (Petition E008 of 2024) (consolidated)
    (2026) KEHC 290 (KLR) (22nd January 2026)
  • Biosystems Consultants v Nyali Links Arcade (Civil Appeal E185 of 2023)
    [2023] KEHC 21068 (KLR) (31 July 2023)
Jurisdiction invoked
Section 12 of the Small Claims Court Act

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, "Kuria v Manundu & another (Civil Case E066 of 2025) [2026] SCC 42 (KLR)", Case Analysis (2026). Civil Case No E066 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/42/eng@2026-06-26

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