Chief Justice (CJ) Martha Koome has ordered the transfer and hearing of personal injury cases arising from road traffic accidents from Small Claims Courts to Magistrates’ Courts, following a High Court judgment delivered on January 22, 2026.
In a Gazette Notice dated May 6, Koome said the directive follows a decision in Gathaiya v Attorney General & 2 Others (Petition E8 and E10 of 2024 – Consolidated), where the court ordered that pending personal injury claims before Small Claims Courts be transferred to Magistrates’ Courts with the requisite jurisdiction under the Deemed Transparency Act.
The case had been filed by one James Muriithi Gathaiya, who moved to the High Court seeking clarity on the scope of the Small Claims Court’s jurisdiction, arguing that the wording of the Small Claims Court Act and its accompanying rules had been interpreted in a manner that allowed personal injury claims arising from road traffic accidents to be filed and determined in that forum.
He contended that this interpretation had resulted in confusion among litigants and practitioners.
In his petition, Gathaiya argued that reliance on the impugned provisions had led to numerous personal injury suits being filed before the Small Claims Court, only for many of them to be struck out on jurisdictional grounds at a later stage.
CJ Koome said the guidelines are intended to ensure uniformity in the handling of transferred matters and to promote the expeditious disposal of cases.
CJ Martha Koome Orders Transfer of Road Accident Injury Claims to Magistrates’ Courts
According to Koome, only eligible matters—defined as personal injury claims from road traffic accidents pending before Small Claims Courts as of January 22, 2026, where judgment had not been delivered—will be transferred.
Court stations, in collaboration with adjudicators in Small Claims Courts, will conduct audits within 30 days of gazettement to identify cases for transfer.
Matters at Milimani Small Claims Court will be moved to the Personal Injury and Material Damage Division of the Milimani Commercial Chief Magistrate’s Court, while those in other stations will be transferred to respective Magistrates’ Court civil registries.
Koome added that the transferred cases will retain their original Small Claims Court numbers and be assigned new Magistrates’ Court case numbers through the Case Tracking System.
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Court procedures and fees
The CJ stated that the court fees will be reassessed under Magistrates’ Court scales, with deductions for amounts already paid at the Small Claims Court.
All existing pleadings and orders issued by Small Claims Courts will remain valid and enforceable after transfer, in line with Article 159 of the Constitution.
Meanwhile, the receiving courts will proceed with cases from the stage they reached before transfer, with flexibility under the Civil Procedure Act and Rules to ensure continuity and fairness.
The receiving courts will proceed with cases from the stage they had reached before transfer, applying the Civil Procedure Act and Rules to ensure continuity and fairness.
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Priority hearing and post-judgment processes
All transferred cases will be heard and determined on a priority basis. Adjudicators who handled cases in Small Claims Courts may continue handling the same matters in their capacity as Magistrates.
Decrees will be extracted either at the Small Claims Court or the receiving court, for post-judgment matters, depending on the stage of the case at the time of transfer.
Where necessary, the receiving court will provide typed proceedings to support continuity of cases.
The directive was signed by Chief Justice Martha Koome on May 4, 2026, marking a major shift in the handling of road accident compensation claims across the country.
