Chief Justice Martha Koome has introduced fresh protocols to streamline how personal injury claims move from small claims courts to magistrate courts. Published in the Kenya Gazette this past Friday, these guidelines seek to bolster efficiency and ensure Kenyans can navigate the legal system with greater clarity. By establishing a clear framework, the chief justice aims to resolve ongoing and future injury cases that exceed the specific limits of the small claims courts.
The chief justice highlighted the importance of these updates over the weekend through social media.
“Big news: I have issued new guidelines on the transfer of personal injury claims from Small Claims Courts to Magistrates’ Courts, aimed at enhancing efficiency, clarity, and access to justice for all Kenyans,” she shared on her X account on Saturday.
Legal Foundations for the Shift
This administrative shift aligns with a High Court ruling delivered on January 22, 2026. In that decision, the court mandated that all pending personal injury claims stemming from road accidents currently sitting in small claims courts move to the appropriate magistrates’ courts.
The High Court formalized these orders through the consolidated cases of Gathaiya v Attorney General and 2 Others; and 176 Interested Parties (Petition E8 and E10 of 2024).
By implementing these rules, the judiciary ensures that cases land in the hands of courts with the proper jurisdiction, preventing procedural bottlenecks for accident victims seeking redress.
Under the new directive, judicial officers face a tight deadline to reorganize their dockets. Within thirty days of the gazettement, heads of stations at magistrates’ courts must team up with small claims court adjudicators to audit all pending files. This team will identify every case eligible for transfer and move them immediately to ensure they are resolved without further delay.
CJ Koome clarified that this transition will not disrupt cases that have already reached the finish line.
“For avoidance of doubt, personal injury claims arising from road traffic accidents in which judgment had already been delivered at the Small Claims court as at 22 January 2026 shall be deemed concluded and shall not be reopened or transferred to the Magistrates’ court, except as may be provided by law,” the rules state.
Procedural Roadmap for Transfers
The judiciary has outlined specific destinations for these shifted files to maintain an orderly flow:
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Milimani Cases: The Milimani Small Claims Court will move its eligible matters to the Personal Injury and Material Damage Division of the Milimani Commercial Chief Magistrate’s Court.
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Other Regions: All other Small Claims Courts across the country will transfer their eligible files to their respective local Magistrates’ Court Civil Registries.
To keep the process transparent, the Case Tracking System will handle these transfers digitally, automatically assigning each case a new “MCCC” number. To help litigants and lawyers track their files, the system will also retain the original Small Claims Court case number.
Regarding costs, the rules specify a credit-based approach for filing.
“Upon transfer of an eligible matter, Court fees shall be assessed afresh in accordance with the scale of fees applicable to Magistrates’ courts, and shall be paid less the amount paid at the filing of the matter at the Small Claims court,” the guidelines add.
This ensures that while litigants pay the standard magistrate rates, they receive full credit for fees already paid.
The new protocols guarantee that the move to a higher court won’t force litigants to start from scratch. Every order a small claims court issued before the transfer remains legally binding and fully enforceable.
Chief Justice Koome directed that the transition be as seamless as possible: “The receiving court shall proceed with the matters from the stage reached before transfer, with necessary adaptations and flexibility to align with the Civil Procedure Act and Rules, and all other applicable laws.”
This continuity extends to the final paperwork required to enforce a win. If a judge delivered a verdict by January 22, 2026, but the formal decree hasn’t been processed yet, the original Small Claims court will handle that extraction. However, for any case moved under these new guidelines, the receiving Magistrate’s court will take over the responsibility of issuing the decree.
The guidelines also place the responsibility for record-keeping on the parties involved during the final stages of litigation.
“A party who files any post-judgment application or invokes any post-judgment process in a matter previously concluded in the Small Claims court shall be responsible for requesting the transfer of the case file from the Small Claims court to the court where the post-judgment process is filed,” the rules specify. This ensures that the relevant court has the full history of the case before making further rulings.
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