Bruce alias Rehema Salama Bruce v Directline Assurance Company Ltd (Civil Case E543 of 2025) [2026] SCC 68 (KLR)

Bruce alias Rehema Salama Bruce v Directline Assurance Company Ltd (Civil Case E543 of 2025) [2026] SCC 68 (KLR) (14 April 2026) (Ruling) Neutral citation: [2026] SCC 68 (KLR) REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT MOMBASA CIVIL CASE E543 OF 2025 TN MWANGEKA, RM APRIL 14, 2026 BETWEEN REHEMA MWAKA BRUCE ALIAS REHEMA SALAMA BRUCE ...... PLAINTIFF AND DIRECTLINE ASSURANCE COMPANY LIMITED ......................... DEFENDANT RULING 1. The present application seeks to have this court set aside the judgment herein delivered on the 17th December 2025 and Decree issued on the 21st January 2026. The subject matter dispute was a declaratory suit which to sought to enforce the judgement of this Court delivered in Mombasa SCC E336 OF 2025: Rehema Mwaka Bruce Versus Purity Kaeke Kithoka. 2. Grounds of the instant application are that the judgment in Eldoret High Court No. E008 & E010 OF 2024 delivered on 22nd January 2026 which ousted jurisdiction of the Small Claims Court to hear personal injury matters applies retroactively to the present case and thus the judgment entered on 17th September 2025 ought to be reviewed/set aside. 3. The current application can only be characterized as frivolous and vexatious to the court as it is incapable of reasoned judgment, lacks foundation and has no chance of succeeding. I rely on reasoning in Transcend Media Group Limited versus Independent Electoral & Boundaries Commission (2015) eKLR. 4. Consequently, the Notice of Motion Application dated 21st April 2026 is dismissed with costs of Kshs. 2,000/- to the Respondent/Claimant. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE 14TH DAY OF APRIL 2026 HON. THERESA N. MWANGEKA RESIDENT MAGISTRATE/ADJUDICATOR https://new.kenyalaw.org/akn/ke/judgment/scc/2026/68/eng@2026-04-14 1

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