https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6828

(Constitutional Petition E559 of 2025) [2026] KEHC 6828 (KLR) (Constitutional and Human Rights) (19 May 2026) (Ruling) Neutral citation: [2026] KEHC 6828 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Constitutional and Human Rights Constitutional Petition E559 of 2025 RE Aburili, J May 19, 2026 NED MALAKWEN CHEMOIWA........................................PETITIONER VERSUS THE ATTORNEY GENERAL......................................1ST RESPONDENT THE NATIONAL ASSEMBLY.....................................2ND RESPONDENT AND IN THE MATTER OF 1. PETITION NO. E559 OF 2025- Ned Malakwen Chemoiwa v The Attorney General and the National Assembly 2. PETITION E221 OF 2026-Zachary Mugo Mang’ara &Shekinah Mwende Mawira v Attorney General, National Assembly and CIC Insurance Limited , ICEA Lion General Insurance Company Limited 3. PETITION E244 OF 2023-Stephen Mbugua Wanjiru v The Attorney General Ruling 1.The above named constitutional petitions are pending before this division for hearing and final determination. 2.Each of the petitions challenge certain provisions of the Small Claims Court Act and seek declarations that those specific sections of the Act are unconstitutional. This court is aware that presently, the Rules Committee is undertaking a review of the Small Claims Court Act with a view to having the Act amended. Public participation is being undertaken. 3.Having perused all the three petitions pending in this court and in view of the decisions of the 3 judge bench in Eldoret High Court Petition E008 of 2024 which was rendered in January, 2026, I am persuaded that the challenge being raised on the constitutionality of the provisions of the Small Claims Court Act can be channeled to the Rules Committee which is undertaking a review of the Act to align it with the judgment in Eldoret High Court Petition E008 of 224 and in so doing, if the issues being raised in these petitions are presented to the Rules Committees or to the Parliamentary Committee on Judicial and Legal Affairs pursuant to Articles 118 and 119 of the Constitution which guarantees public access and participation in legislative making process and the right to petition parliament to consider any matter within its authority including to enact, amend or repeal any legislation, the relevant Committees have no reason to decline to consider the proposals. 4.By these directions, this court is imploring the petitioners in the three petitions to consider engaging the Rules Committee on the review of the Small Claims Court Act and or Parliament, under Article 118 and 119 of the Constitution, in the event that the Rules Committee has already submitted the draft amendments to the Small Claims Court Act, present to the Parliamentary Committee on Judicial and Legal Affairs for consideration of the proposed amendments, which amendments if taken into account, will resolve the judicial challenge to the Small Claims Court Act. 5.In issuing these directions, this court is in no way abdicating its judicial authority vested it by Article 159 of the Constitution and the jurisdiction to hear these petitions under Article 165 of the Constitution, but that this Court does acknowledge the legislative role conferred on Parliament under Articles 94 and 95 of the Constitution. 6.Accordingly, I direct that each of the parties to the three petitions be served forthwith with these directions to enable them present their petitions to the Rules Committee or to Parliament. 7.Only when the Rules Committee or Parliament ignore to take into account the issues raised in these petitions shall the parties return to this court for adjudication of the petitions challenging the constitutionality of certain provisions of the Small Claims Court Act. 8.For the above reasons and in order to avoid a situation where Parliament, the Executive and the Judiciary are simultaneously engaged in legislative review of or adjudication over the same statutory provisions, I direct that these three files comprising the three petitions be closed pending the ongoing and outcome of legislative amendment process to review the Small Claims Court Act. 9.These directions shall apply in equal measure to Petition E252 of 2026 Between Ian Nyang’un Horsefield v the Attorney General, The National Assembly, Law Society of Kenya and Katiba Institute. 10.The directions shall also be uploaded to the Case Tracking System for all the parties in the respective petitions to access and act accordingly. 11.Any party shall be at liberty to apply at the opportune time 12.I so direct. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 19TH DAY OF MAY, 2026R.E ABURILIJUDGE