REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT KITALE CIVIL CLAIM NO. E053 OF 2024 CHARLES AWINO ONYANGO……………..………………………... ……....CLAIMANT VERSUS PAUL TEMBA MAINA………………………………………………..1ST RESPONDENT JAMES MUSAU………………………………………………………….2ND RESPONDENT JUDGMENT 1. The Claimant moved this court by an Amended Statement of Claim dated 31st October 2024 praying for judgment against the Respondents jointly and severally for: a) General Damages b) Special Damages in the sum of Kshs. 1,000/= c) Costs of the claim d) Interest from the date of filing the claim till payment in full 2. The cause of action herein arose from a road traffic accident that occurred on 10th February 2024 along Kitale – Webuye road near Kitale Airstrip when the Claimant’s motor vehicle registration number KBT 200 F collided with the Respondent’s motor vehicle registration number KBN 357 J hence the road traffic accident herein. Arising from the accident, the claimant sustained bodily injuries that he now seeks compensation. Kitale SCC CC. No. E153 of 2024 Page 1 of 4 Judgment
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3. The Claimant blamed the occurrence of the accident on the Respondent’s negligence as set out in paragraph 4 of the Claimant’s amended claim herein. 4. The Respondent entered appearance and filed a Response to the Claim dated 05th November 2024. The Respondent denied the particulars of negligence attributed to them. In paragraph 6 of their Response to the Claim, the Respondents blamed the occurrence of the accident to the Claimant’s negligence. 5. On 21st November 2024, parties herein elected to proceed with this matter under section 30 of the Small Claims Court Act. As at 08 th December 2024 at 1030hrs, none of the parties had filed written submissions. ANALYSIS & DETERMINATION 6. This court notes that the initial claim filed by the Respondent through the Statement of Claim dated 02nd October 2024 was a material damage claim against the Respondents. 7. On 21st November 2024, the Claimant’s counsel informed this court that she had filed an Amended Statement of Claim dated 31 st October 2024 that the Claimant was relying on. The said Amended Claim abandoned the material damage claim and sought general damages and special damages for personal injuries that the Claimant reportedly sustained as a result of the accident herein. 8. Does this court possess the jurisdiction to entertain personal injury claims arising from a road traffic accident? 9. This court notes that the above question is a jurisdiction question. It is the law that a jurisdiction question can be raised by the court, on its own motion, and at any stage, including the judgment stage. This position is fortified by the Court of Appeal’s holding in International Petroleum Service Corporation Sinopec v Public Procurement Administrative Review Board & 3 others (Civil Kitale SCC CC. No. E153 of 2024 Page 2 of 4 Judgment
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Appeal E012 of 2024) [2024] KECA 184 (KLR), where the court had the following to say on the issue: The question whether an appellate Court can suo moto raise and address a point of law that was not addressed in the lower courts has been addressed by this Court in several decisions. In Harun Meitamei Lempaka v Lemanken Aramat & 2 others [2014] eKLR the Supreme Court cited with approval decided cases affirming that it is firmly settled law that issues of jurisdiction or competence of a court to entertain or deal with a matter before it is very fundamental. It is a point of law and therefore, a rule of court cannot dictate when, and how, such point of law can be raised. Being fundamental and threshold issue of jurisdiction, it can be raised at any stage of the proceedings in any court including this Court. 10. The question of whether a Small Claims Court has the jurisdiction to hear and determine personal injury claims arising from a road traffic accident has been a subject of several High Court decisions. There exists a school of thought that the Small Claims Court lacks the jurisdiction to entertain personal injury claims arising from road traffic accidents (see Ogwari vs Hersi (Civil Appeal 223 of 2022) [2023] KEHC 20111 (KLR) ). There is also another school of thought that the Small Claims Court has the jurisdiction to hear personal injury claims arising from a road traffic accident (see Irungu v Karanja (Civil Appeal E037 of 2024) [2024] KEHC 8162 (KLR)). 11. Given the conflicting decisions by the High Court on whether the Small Claims Court has the jurisdiction to hear and determine personal injury claims arising from a road traffic accident, this court has the discretion to decide on what decision to follow on the issue. 12. This court is persuaded by the reasoning and the holding by Magare J in the Ogwari case (supra) that the Small Claims Court lacks Kitale SCC CC. No. E153 of 2024 Page 3 of 4 Judgment
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the jurisdiction to hear and determine personal injury claims arising from a road traffic accident. DISPOSITION 13. The upshot of the foregoing is that the Claimant’s claim is struck out with costs of Kshs. 10,000/= to the Respondents. 14. Decree to issue forthwith. Read, signed, and delivered in open court at Kitale this 09th day of December 2024 T.O. OMONO ADJUDICATOR In the presence of: Kitale SCC CC. No. E153 of 2024 Page 4 of 4 Judgment
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