CJ Koome issues new guidelines on personal injury claims transfer process
By Aloys Michael, May 9, 2026The Chief Justice (CJ) Martha Koome has issued fresh guidelines governing the transfer of personal injury claims arising from road accidents from Small Claims Courts to Magistrates’ Courts, in a move aimed at improving efficiency, clarity, and access to justice in Kenya.
The guidelines, published through Gazette Notice No. 6567 under the Judicial Service Act, provide a framework for handling ongoing and future personal injury matters that fall outside the jurisdiction of the Small Claims Courts.
Announcing the changes on X on Saturday, May 9, 2026, Koome described the reforms as a major step toward improving court processes.
“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 wrote.
According to the notice, the Judiciary seeks to ensure that litigants are not prejudiced during the transition process and that cases already underway continue smoothly.
“All existing orders issued by the Small Claims court prior to the transfer of an eligible matter shall remain valid and enforceable,” the notice read in part.
This provision safeguards decisions and directions already made before matters are moved to the Magistrates’ Courts.
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,” the guidelines read.
To prevent delays, the Judiciary has directed that all transferred matters be prioritised. The notice.
“All transferred matters shall be heard and determined on priority basis,” it states.
Other directives
In another key directive, adjudicators who were already handling eligible matters in Small Claims Courts may continue dealing with the transferred files in their capacities as magistrates alongside other judicial officers in their respective stations.
The guidelines also address post-judgment procedures. the CJ clarified that decrees will either be extracted in the respective Small Claims Court where judgment had already been delivered or in the receiving Magistrates’ Court where transfer has occurred.
The notice adds that parties seeking post-judgment applications will bear responsibility for requesting the transfer of files to the relevant court.
The reforms come amid ongoing efforts by the Kenyan Judiciary to streamline dispute resolution processes and reduce case backlogs.
The Small Claims Courts were established to offer faster and more affordable justice, especially for low-value civil disputes, but jurisdictional concerns over personal injury claims arising from road accidents have prompted the latest administrative changes.