Kenya Case Law

Philip Rumba, Principal, BOM, Bujwanga Secondary School & another v Anyango

Philip Rumba, Principal, BOM, Bujwanga Secondary School & another v Anyango [2025] KEHC 10223 (KLR)

Court

High Court

Case number

Civil Appeal E046 of 2024

Judge

WM Musyoka

The court found that section 34(1) of the Small Claims Court Act is couched in mandatory terms, conferring jurisdiction on the Small Claims Court to determine matters within 60 days of filing. The trial court delivered its judgment 160 days after filing, far beyond the statutory limit. There is no provision in the Act for extension of this period. Guided by precedent, including Martha Wangari Karua v IEBC and Kartar Singh Dhupar v ARM Cement PLC, the court held that any proceedings or judgments rendered outside the statutory period are null and void for want of jurisdiction. Consequently, the…

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• Jurisdiction Of Small Claims Court
• Statutory Time Limits
• Nullity Of Judgment
• Appeal On Merits

Mboga v Excellent Business Services Limited

Mboga v Excellent Business Services Limited [2025] KEHC 9812 (KLR)

Court

High Court

Case number

Civil Appeal E554 of 2023

Judge

WM Musyoka

The High Court held that the jurisdiction of the Small Claims Court is strictly circumscribed by section 34(1) of the Small Claims Court Act, which mandates that all matters must be determined within sixty days of filing. The court found that the trial court delivered its judgment well after the expiry of this statutory period, thereby acting without jurisdiction. The High Court rejected the argument that Article 159(2) of the Constitution could be used to cure such a jurisdictional defect, emphasizing that statutory time limits relating to jurisdiction are not mere procedural technicalities…

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• Jurisdiction Of Small Claims Court
• Statutory Time Limits
• Nullity Of Judgments
• Transfer Of Matters
• Complexity In Small Claims
• Distinction Between Courts

Njoroge v Wakarindi

Njoroge v Wakarindi [2025] KEHC 9629 (KLR)

Court

High Court

Case number

Commercial Appeal E166 of 2024

Judge

MA Otieno

High Court dismissed an appeal in a contract dispute, holding the claim was time-barred under the Limitation of Actions Act and also not strictly proved as special damages.

• Limitation Of Actions
• Breach Of Contract
• Jurisdiction Of Small Claims Court
• Special Damages Proof
• Limitation-of-actions
• Breach-of-contract

Diani Road Developers Limited v Maharage

Diani Road Developers Limited v Maharage [2025] KEHC 9567 (KLR)

Court

High Court

Case number

Civil Appeal E741 of 2022

Judge

TW Ouya

The High Court dismissed an appeal over a security deposit refund, holding the Small Claims Court had jurisdiction and upholding an equal apportionment of repair costs.

• Landlord Tenant Disputes
• Security Deposit Refund
• Jurisdiction Of Small Claims Court
• Contractual Obligations
• Apportionment Of Repair Costs
• Small-claims-court-jurisdiction

Spikas Beach Gardens v Ng’ang’a & 4 others

Spikas Beach Gardens v Ng’ang’a & 4 others [2025] KEHC 9449 (KLR)

Court

High Court

Case number

Civil Appeal E274 of 2024

Judge

BK Njoroge

The High Court held that the Small Claims Court lacked jurisdiction over a dispute about alleged storm-water damage to land and premises, and struck out the claim.

• Jurisdiction Of Small Claims Court
• Environment And Land Court Jurisdiction
• Tortious Liability For Property Damage
• Injunctive Relief
• Costs Award
• Small-claims-court-jurisdiction

Royal Mabati Factory Limited v Odero

Royal Mabati Factory Limited v Odero [2025] KEHC 9051 (KLR)

Court

High Court

Case number

Commercial Appeal E117 of 2024

Judge

BK Njoroge

The High Court found that the Small Claims Court had jurisdiction to hear the respondent's claim as it arose from a contract for the sale and supply of goods, falling squarely within Section 12(1) of the Small Claims Court Act. The court held that the delivery of judgment outside the 60-day statutory period did not render the judgment a nullity in the absence of demonstrated prejudice to the appellant, following established case law. On limitation, the court determined that the appellant's acknowledgment of liability in October 2022 reset the limitation period, making the claim timely. The co…

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• Contract For Sale Of Goods
• Merchantable Quality
• Implied Warranty
• Jurisdiction Of Small Claims Court
• Limitation Of Actions
• Procedural Timelines

Lukman Wholesalers Limited & another v Eliu

Lukman Wholesalers Limited & another v Eliu [2025] KEHC 9013 (KLR)

Court

High Court

Case number

Miscellaneous Application E673 of 2024

Judge

JN Mulwa

The High Court dismissed an application to transfer a concluded Small Claims Court matter, holding that a finalized judgment and decree cannot be transferred for re-litigation.

• Transfer Of Suits
• Jurisdiction Of Small Claims Court
• Setting Aside Judgment
• Finality Of Judgments
• Transfer-of-suits
• Small-claims-court-jurisdiction

Odeny v Nur & another

Odeny v Nur & another [2025] KEHC 8637 (KLR)

Court

High Court

Case number

Civil Appeal E508 of 2023

Judge

WM Musyoka

The court held that section 34(1) of the Small Claims Court Act is couched in mandatory terms, requiring that suits be disposed of within sixty days of filing. The judgment in question was delivered well outside this statutory period, rendering it a nullity for want of jurisdiction. The court followed the reasoning in Kartar Singh Dhupar & Company Limited vs. ARM Cement PLC (In Liquidation), which applied the Supreme Court's approach in Martha Wangari Karua, holding that judgments delivered outside mandatory statutory timelines are void. As the impugned judgment was a nullity, the appeal itse…

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• Jurisdiction Of Small Claims Court
• Statutory Time Limits
• Nullity Of Judgment
• Appeal Striking Out

Uap Insurance Company Limited v Almasi Kenya Company Limited

Uap Insurance Company Limited v Almasi Kenya Company Limited [2025] KEHC 8683 (KLR)

Court

High Court

Case number

Civil Appeal E1091 of 2023

Judge

WM Musyoka

The court found that the Small Claims Court delivered its judgment seventy-six days after the expiry of the statutory sixty-day period mandated by section 34(1) of the Small Claims Court Act, thereby acting without jurisdiction. As a result, the judgment delivered on 14th February 2023 was a nullity. Furthermore, the appeal to the High Court was filed two hundred and four days after the expiry of the thirty-day period provided under section 79G of the Civil Procedure Act, and there was no evidence of leave having been granted to file the appeal out of time. Consequently, the appeal was incomp…

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• Appeal Timelines
• Jurisdiction Of Small Claims Court
• Nullity Of Judgment
• Leave To Appeal Out Of Time

Gateri v Otuke

Gateri v Otuke [2025] KEHC 8631 (KLR)

Court

High Court

Case number

Civil Appeal E045 of 2025

Judge

EM Muriithi

The High Court granted a stay of execution pending appeal, on condition that the appellant deposit the decretal sum in court and file the record of appeal within 14 days.

• Stay Of Execution
• Jurisdiction Of Small Claims Court
• Appeals Process
• Refund Of Monies Paid
• Lease Agreements
• Stay-of-execution