Murandi v Julius & another (Civil Case E077 of 2025) [2026] SCC 207 (KLR)
The bottom line
#A Kenyan Small Claims Court refused to reopen a road accident judgment, ruling the matter was already concluded and only the High Court can transfer it.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex-parte default judgment should be set aside under Order 10 Rule 11 and Rule 11 of the Small Claims Court Rules
The judgment was regularly entered following service, and the Court would have exercised its discretion to set it aside (on throw-away costs terms) had it jurisdiction, but it declined on jurisdictional grounds.
The Court reviewed the statutory framework - Order 10 Rule 11, Section 43 of the Small Claims Court Act and Rule 11 of the Small Claims Court Rules - and the guiding principles in Chemwolo, Mbogoh v Shah, Hilder and related authorities. It found service was effected and the judgment regular. The applicant admitted the phone number used for service was his. The Court would ordinarily have set aside the judgment on terms of throw-away costs but was barred by lack of jurisdiction.
Whether the Small Claims Court retains jurisdiction over this personal injury matter following the Chief Justice's directions
The Court held it lacks jurisdiction to set aside or transfer the judgment, since the matter is deemed concluded under Gazette Notice 6567 of 8/05/2026 and transfer power vests in the High Court under Section 18 of the Civil Procedure Act.
The Respondent raised the jurisdictional bar on personal injury claims in the Small Claims Court. The Court relied on the Chief Justice's Gazette Notice directing that personal injury road traffic accident claims in which judgment had been delivered by the Court as at 22/01/2026 are deemed concluded and cannot be re-opened or transferred to the Magistrate's Court. Since this Court delivered its judgment on 13th November 2025, the matter falls within that deeming provision, leaving only a High Court transfer application.
Legal principles established
#- Personal injury claims from road traffic accidents in which judgment had been delivered by the Small Claims Court as at 22/01/2026 are deemed concluded and shall not be re-opened or transferred to the Magistrate's Court except as may be provided by law.
- The recourse for parties seeking transfer of a Small Claims Court matter lies in an application to the High Court under Section 18 of the Civil Procedure Act, not in transfer by the Small Claims Court itself.
Court orders
#- 1.The applicant's application dated 10/06/2026 seeking stay of execution and setting aside of the default judgment is dismissed
- 2.Costs to the decree holder/Respondent at Court rates
- Jurisdiction invoked
- Small Claims Court Act (including Sections 30 and 43) and Rule 11 of the Small Claims Court Rules; Chief Justice's directions vide Gazette Notice No. 6567 of 8/05/2026
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murandi v Julius & another (Civil Case E077 of 2025) [2026] SCC 207 (KLR)", Case Analysis (2026). Not stated in the judgment as supplied. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/207/eng@2026-08-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.