Understanding the Small Claims Court’s Role in Personal Injury Cases: A Game-Changer for Kenyans

Have you ever wondered how ordinary Kenyans can access justice quickly and affordably, especially when dealing with something as challenging as a personal injury from a road traffic accident?

A recent court decision in Kenya sheds light on this, making it easier for people to resolve such disputes without the stress and cost of long, complicated legal battles.

Let’s break it down in simple terms.

What’s the Big Deal About the Small Claims Court?

Imagine you’re involved in a car accident and become injured because of someone else’s negligence. You deserve compensation, but the idea of going to court feels overwhelming—expensive lawyers, endless delays, and confusing legal processes.

That’s where Kenya’s Small Claims Court comes in.

Established under the Small Claims Court Act of 2016, this court was designed to be a friendly, fast, and affordable option for handling smaller civil disputes, like personal injuries, of up to a value of one million shillings.

But here’s the catch: there’s been some confusion about whether the Small Claims Court can handle cases like personal injuries from road accidents.

Some people thought these cases were too complex or fell outside the court’s scope. That uncertainty left many Kenyans unsure of where to turn for justice.

The Irungu v Karanja Ruling: Clearing the Confusion

Enter a landmark case—Naomi Wanjiru Irungu v Francis Kimani Karanja—decided by the High Court in Thika in 2024. This ruling, which overturned a decision from the Ruiru Small Claims Court, clarified that yes, the Small Claims Court does have the authority to hear personal injury claims from road traffic accidents, as long as the compensation sought falls within its one-million-shilling limit.

In simpler terms, the High Court said, “Let’s make justice accessible! The setup of Small Claims Court was to help people resolve disputes quickly and cheaply, including cases like these.”

This decision is a big win for ordinary Kenyans who might not have the resources for lengthy court battles but still need fair compensation for their injuries.

Why Does This Matter?

This ruling isn’t just about one case—it’s about making the legal system work better for everyone. The Small Claims Court operates with a focus on speedy resolutions, often disposing of cases in a matter of weeks or months, not years. It uses straightforward procedures, avoids complicated legal jargon, and ensures that both parties have an equal chance to present their side.

It aligns with Kenya’s broader vision for a justice system that’s accessible, efficient, and fair, as outlined in our Constitution under Article 159(2).

For someone injured in a road accident, it means you can now approach the Small Claims Court with confidence, knowing it’s designed to help you get justice without breaking the bank or waiting forever. It’s about putting people first and making sure the law works for you, not against you.

What’s Next for Kenyans Seeking Justice?

This decision highlights the importance of judicial officers—judges and magistrates—asking themselves a key question:

“Will my decision help people access justice in a fast, simple, and affordable way?”

It’s a reminder that the legal system exists to serve Kenyans, especially those who might feel left out or overwhelmed by traditional courts.

If you or someone you know has been injured in a road accident and is seeking compensation, this ruling opens the door to using the Small Claims Court. Of course, every case is unique, so it’s always a good idea to consult with a trusted advisor or legal professional to understand your options.

A Step Toward a Fairer Future

The Irungu v Karanja case is a significant moment for Kenya’s justice system. It reinforces the idea that justice shouldn’t be a luxury reserved for those with deep pockets or endless patience. By clarifying the Small Claims Court’s role, this ruling brings us closer to a legal system where everyone—regardless of their background—can resolve disputes fairly and quickly.

At HK Law, we’re excited to see how this decision will empower more Kenyans to seek the justice they deserve.

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