GAZETTE NOTICE NO. 6567

IN EXERCISE of the powers conferred by section 5 (2) (c) of the Judicial Service Act, and following the Judgment of the High Court 8th May, 2026 THE KENYA GAZETTE dated the 22nd January, 2026, in Gathaiya v Attorney General and 2 Others; and 176 Interested Parties (Petition E8 and E10 of 2024 (Consolidated) where the court declared that all pending personal injury claims arising from road accidents before the Small Claims court be transferred and are deemed transferred to the Magistrates’ court with jurisdiction, the Chief Justice issues the following Guidelines: Objective. 1. The objectives of these guidelines are to ensure— (a) uniformity across different courts in the handling of matters that are transferred from Small Claims court to Magistrates court pursuant to the Judgment of the High Court dated 22nd January, 2026 in Gathaiya v Attorney General & 2 others; and 176 Interested Parties (Petition E8 and E10 of 2024 (Consolidated)); and (b) expeditious disposal of transferred matters. Interpretation. 2. In these Guidelines, unless the context otherwise requires— “eligible matter” means a personal injury claim arising from a road traffic accident before a Small Claims court in which judgment had not been entered as at 22 January 2026; “originating court” means the Small Claims court from which an eligible matter is transferred; and “receiving court” means the Magistrates court to which an eligible matter is transferred. Matters that may be transferred. 3. (1) Only eligible matters shall be transferred to Magistrates’ courts. (2) Within thirty days from the gazettement of these guidelines, the Head of Station, Magistrates’ Court, shall in collaboration with the Adjudicator in-charge of the Small Claims court, undertake an audit of all pending matters to determine those that are eligible for transfer, and shall cause a transfer of the eligible matters for disposal in accordance with these Guidelines. (3) 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 re-opened or transferred to the Magistrates’ court, except as may be provided by law. Where matters may be transferred. 4. (1) Eligible matters at the Milimani Small Claims court shall be transferred to the Personal Injury and Material Damage Division of the Milimani Commercial Chief Magistrate’s court. (2) Eligible matters in all other Small Claims courts shall be transferred to the respective Magistrates’ court Civil Registry. Allocation of case numbers. 5. (1) Upon transfer of an eligible matter, a new Magistrates’ court case number under the case type “MCCC” shall be assigned to the matter, but it shall also retain the original Small Claims court case number for ease of traceability. (2) Transfer of eligible cases shall be undertaken through the Case Tracking System to facilitate auto-assignment of case numbers. Court Fees. 6. (1) 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. Status of Pleadings and 7. (1) In line with Article 159 of the Constitution, pleadings filed in an eligible matter in the originating court in compliance with the rules Orders. of procedure of the Small Claims court shall remain valid and shall be deemed properly on record in the receiving court. (2) All existing orders issued by the Small Claims court prior to the transfer of an eligible matter shall remain valid and enforceable. Continuity and Non-Prejudice as Overriding Considerations. 8. 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. Priority hearing and determination. 9. (1) All transferred matters shall be heard and determined on priority basis. (2) In all court stations, Adjudicators who were seized of eligible matters may continue to handle the transferred matters, in their capacities as Magistrates, alongside other Magistrates in the station. Post-Judgment Processes. 10. (1) Decrees shall be extracted— (a) in the respective Small Claims court in cases where judgment had been delivered by the Small Claims court as at 22nd January, 2026 but a decree was yet to be extracted; and (b) in the receiving court in cases where an eligible matter is transferred in accordance with these Guidelines. (2) 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. (3) Where they are required, typed proceedings shall be availed by the receiving court in cases where an eligible matter has been transferred. Dated the 4th May, 2026. MARTHA K. KOOME, Chief Justice and President of the Supreme Court of Kenya.