High Court Ruling Limits Small Claims Court Jurisdiction on Road Accident Cases

A recent High Court ruling has made an impact on how road accident claims are handled in Kenya. If you’ve been thinking about taking an insurance company or another driver to the Small Claims Court after an accident, this decision may change things.

What Was Decided?

In the case of Ogwari v Hersi (Civil Appeal 223 of 2022), the court ruled that Small Claims Court can no longer handle:

1. Road traffic accident lawsuits – If you were injured or your car was damaged in an accident, you’ll have to file your case elsewhere.
2. Unliquidated damage claims – This refers to claims where the court has to determine how much money should be awarded (like compensation for pain and suffering).

Why Does This Matter?

Before this ruling, many accident victims could file their claims in the Small Claims Court, which is known for being fast, affordable, and simple. This meant that instead of waiting years for justice, cases could be resolved within a few months.

Now, victims of road accidents will have to go to the Chief Magistrate’s Court, which typically takes longer and can be more expensive.

The Court’s Reasoning

The High Court found that:

• The claim in this case did not include specific details of negligence, making it legally weak.
• Personal injury claims from road accidents require more legal proof than the Small Claims Court can handle.
• If a claim does not have a fixed monetary value, it is too complex for the Small Claims Court.

Because of this, the earlier decision made by the Small Claims Court was completely dismissed, and the claimant was advised to file the case at the Chief Magistrate’s Court instead.

Who Benefits From This Ruling?

This is good news for insurance companies, since they often prefer longer, more complex cases that discourage claimants. It also gives them more room to challenge claims and delay payments.

On the other hand, it’s a big setback for accident victims, especially those who need quick compensation to cover medical bills or car repairs.

What Should You Do If You Have a Road Accident Claim?

If you were planning to file a case in the Small Claims Court, you will now need to:

• Take your case to the Chief Magistrate’s Court instead.
• Ensure you have detailed proof of negligence, such as police reports, witness statements, and medical records.
• Be prepared for a longer legal process compared to the Small Claims Court.

While this decision makes things more complicated for accident victims, knowing your rights and preparing your case well can still help you get the compensation you deserve.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat at 0708111222.