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Post Reply: Judiciary Rolls Out New Guidelines for Transferring Road Accident Personal Injury Claims to Magistrates Courts

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on May 11, 2026, 7:29 am</div><div id="pl-9014" class="panel-layout">
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<p dir="auto">The Judiciary has introduced comprehensive new guidelines for moving road accident personal injury claims from Small Claims Courts to Magistrates Courts. This follows a High Court decision that determined such cases should not continue to be handled in the Small Claims Courts.</p>
<p dir="auto">Chief Justice Martha Koome issued the directives through Gazette Notice No. 6567, drawing authority from the Judicial Service Act. The move comes after the High Court ruling on January 22, 2026, in the consolidated petitions.</p>
<p dir="auto">Under the guidelines, all pending eligible cases will undergo an audit and transfer process within 30 days. Judgments already delivered before the key date remain unaffected and will not be reopened or transferred, except where the law allows otherwise. Such concluded matters will stay final.</p>
<p dir="auto">An eligible matter is defined as a personal injury claim arising from a road traffic accident that was pending before a Small Claims Court without a judgment entered as of January 22, 2026. The originating court is the Small Claims Court sending the file, while the receiving court is the Magistrates Court that will handle the case afterward.</p>
<p dir="auto">Heads of station in Magistrates Courts, in collaboration with adjudicators from Small Claims Courts, will carry out the audit of pending files within the 30-day window following gazettement to identify qualifying cases for transfer.</p>
<p dir="auto">For jurisdictional handling, cases from the Milimani Small Claims Court will shift to the Personal Injury and Material Damage Division at the Milimani Commercial Chief Magistrate’s Court. All other Small Claims Courts will transfer their cases to the respective Magistrates Court civil registries.</p>
<p dir="auto">Each transferred case will receive a new case number in the Magistrates Court under the MCCC category. The original Small Claims Court number will be retained for reference and traceability. The transition will use the Case Tracking System for seamless automatic case numbering.</p>
<p dir="auto">On fees, the Judiciary has directed that court charges be reassessed based on the Magistrates Courts fee structure. Any amounts previously paid in the Small Claims Court will be credited and deducted from the new totals.</p>
<p dir="auto">To maintain continuity, all pleadings filed under Small Claims Court procedures will stay valid and form part of the record in the receiving court. Previous orders issued before transfer will also remain in force and enforceable.</p>
<p dir="auto">The receiving court will continue handling the matter from the stage it had reached prior to transfer. It will apply necessary adaptations to align with the Civil Procedure Act, its rules, and all other relevant laws.</p>
<p dir="auto">All transferred cases will receive priority for hearing and determination to promote efficiency. Adjudicators who previously managed these matters may continue handling them in their roles as magistrates, working alongside other judicial officers.</p>
<p dir="auto">For post-judgment matters, decrees can be extracted from the Small Claims Court if judgment was delivered but a decree had not yet been issued. Otherwise, extraction will occur at the receiving Magistrates Court after transfer. Parties seeking to file post-judgment applications must initiate the file transfer to the proper court. Where required, the receiving court will supply typed proceedings.</p>
<p dir="auto">The reforms aim to create uniform handling of these cases across the courts, guarantee speedy resolution of disputes, streamline operations, reduce backlogs, prevent delays, and ensure litigants face no disadvantage during the shift between the two court systems. Chief Justice Koome highlighted that the changes seek to enhance efficiency, clarity, and access to justice for all Kenyans.</p>

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