Kuria v Manundu & another (Civil Case E066 of 2025) [2026] SCC 42 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Jurisdiction of the Small Claims Court over personal injury claims arising from assault
The court has jurisdiction; its earlier decision dismissing a similar objection remained good law and was not overturned on appeal
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.
Distinction of Gathaiya v AG
Gathaiya, which held the Small Claims Court unsuited to road traffic accident personal injury claims, does not apply to assault claims
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.
Whether the suit should be struck out notwithstanding jurisdiction
Yes — the suit was struck out because the overriding objective of expeditious disposal could not be met
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.
Legal principles established
#- 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
#- 1.The claimant's preliminary objection challenging the court's jurisdiction is dismissed
- 2.The suit is struck out
- 3.Costs to the respondents assessed at Kshs. 10,000/=.
- Jurisdiction invoked
- Section 12 of the Small Claims Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.