Yes, that’s correct 👍
Recent High Court decisions have clarified that road traffic accident claims involving personal injury are not supposed to be handled by the Small Claims Court.
In simple terms:
- Personal injury / bodily harm from accidents → NOT for Small Claims Court
- These should go to the Magistrates’ Courts, even if the amount is below KES 1,000,000
The reasoning was that accident injury claims involve:
- Medical evidence
- Assessment of pain, suffering, and future care hich goes beyond what the Small Claims Court was designed to handle.
- Important note: Claims for pure property damage only (for example, vehicle repair costs without injury) are still a bit of a grey area, but many courts are being cautious after those judgments.
- To guide you properly: See our infographic attached here. Contact us for more information
