Small Claims Court Has Jurisdiction Over Road Traffic Accident Cases: What This Means for You

Road traffic accident (RTA)-related personal injury claims are under the jurisdiction of Kenya’s Small Claims Court (SCC), according to a recent ruling.

It’s a significant decision because it clears the order of laws and reaffirms that statutes are more authoritative than earlier court rulings.

Can Personal Injury Cases be handled by Small Claims Court?

The SCC’s jurisdiction to hear personal injury claims, particularly those involving traffic accidents, has been contested. Some claimed that higher courts should handle these matters because they are too complicated.  

This most recent decision, however, confirms that the court has the authority to hear and decide a claim as long as it is within the Kshs 1 million financial limit set by the SCC.

‘Personal injury claims in the SCC could be impractical due to their nature’, a judge noted. The argument against the SCC handling these cases relies on a previous High Court decision in Ogwari v Hersi. However, in that same case, the judge clarified that if the pleadings are properly framed, the case can still proceed in the SCC.

Let’s See What the Law Says

This ruling reinforces that written laws (statutes) precede past court decisions (judicial precedent). The court specifically cited:

  • Section 12(1)(d) of the Small Claims Court Act explicitly grants the SCC jurisdiction to hear personal injury claims.
  • Section 3 of the Judicature Act, outlines the hierarchy of laws and confirms that statutes override previous judicial rulings.

The court ruled that it retains the authority to hear such cases because there has been no constitutional challenge to the SCC’s jurisdiction over personal injury claims.

This Should Matters To You

If you’re injured in a minor road accident and your claim is under Kshs 1 million, you don’t need to go through the lengthy and costly process of filing in the High Court. The Small Claims Court provides a faster, simpler, and more affordable route to justice.

Key Takeaways From The Ruling

  • Statutes hold more weight than past court decisions. This ruling confirms that SCC can handle personal injury claims.
  • Monetary limits apply if your claim is over Kshs 1 million you should go to a higher court.
  • Small Claims Court is faster and more efficient. If your case qualifies, this is the best route to getting compensation quickly.

This decision may not be a binding legal precedent, but it provides a persuasive argument for anyone facing objections about filing personal injury claims in the SCC. If you or someone you know is pursuing a claim, this ruling could help you get justice faster and more affordably.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk to us.

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