Case brief · Supreme Court of Kenya · docket [2026] KESC 9 (KLR)
Akinyi v Ogwari & another
Petition (Application) E025 of 2025 · [2026] KESC 9 (KLR) · Ruling · 6 source pages · 1,169 words
The bottom line
Supreme Court cannot hear appeals from Small Claims Court cases because the law says High Court decisions are final.
What this practically means
The Supreme Court has dismissed an attempt to appeal a Small Claims Court case directly to it. The court ruled that the Small Claims Court Act does not give the Supreme Court power to hear such appeals. Instead, the Act says appeals stop at the High Court. This means if you lose a case at the Small Claims Court, your only appeal is to the High Court. You cannot go to the Court of Appeal or the Supreme Court for these matters.
Executive summary
The applicant, Linet Akinyi, was injured in a road traffic accident and filed a claim at the Small Claims Court (Milimani SCC/E969/2024). The Small Claims Court dismissed the suit on March 4, 2024, on grounds that it lacked jurisdiction to hear matters under Cap 405, following the High Court’s decision in Mombasa HCCA/223/2022. The applicant then sought clarity from the High Court, which declined to review its judgment on May 9, 2024.
Aggrieved, the applicant filed a petition of appeal directly to the Supreme Court under Article 163(3)(b)(ii) of the Constitution, arguing that section 38 of the Small Claims Court Act ousts the Court of Appeal’s jurisdiction, making the Supreme Court the only appellate forum. The Deputy Registrar of the Supreme Court declined to admit the appeal for failure to attach a copy of a Court of Appeal judgment as required by rule 40(1)(b) of the Supreme Court Rules. The applicant then filed the present notice of motion seeking review of the Deputy Registrar’s decision.
The Supreme Court considered the primary issue of its jurisdiction under Article 163(3)(b)(ii) as read with section 38 of the Small Claims Court Act. The court held that while Article 163(3)(b)(ii) grants appellate jurisdiction over “any other court or tribunal as prescribed by national legislation”, the Small Claims Court Act does not prescribe any appellate jurisdiction to the Supreme Court; instead, section 38 provides that an appeal to the High Court “shall be final”. Consequently, the Supreme Court lacks jurisdiction to hear the applicant’s appeal. The court dismissed the application with no order as to costs, as the respondents did not participate.
Key legal issues
Issue 01 · ratio decidendi
Whether the Supreme Court has jurisdiction under Article 163(3)(b)(ii) of the Constitution to hear an appeal from the High Court in a Small Claims Court matter, given that section 38 of the Small Claims Court Act ousts the Court of Appeal’s jurisdiction and declares the High Court’s decision final.
Holding
The Supreme Court lacks jurisdiction because the Small Claims Court Act does not prescribe appellate jurisdiction to the Supreme Court as required by Article 163(3)(b)(ii); instead, it provides that the High Court is the final appellate court.
Issue 02 · procedural point rendered moot
Whether the Deputy Registrar of the Supreme Court correctly declined to admit the applicant’s petition of appeal for failure to attach a copy of a judgment or ruling of the Court of Appeal as required under rule 40(1)(b) of the Supreme Court Rules.
Holding
The court did not directly rule on this procedural issue because it found it lacked substantive jurisdiction to hear the appeal, rendering the procedural question moot.
Principles & binding proposition
- Supreme Court jurisdiction under Article 163(3)(b)(ii) requires national legislation to expressly grant it appellate power.
- The Small Claims Court Act does not prescribe any appellate jurisdiction to the Supreme Court.
- Section 38(2) of the Small Claims Court Act makes High Court decisions final, blocking further appeals.
- A court must first establish it has jurisdiction before considering any procedural issues in a case.
- The absence of Court of Appeal jurisdiction does not automatically create Supreme Court jurisdiction.
“The Supreme Court’s appellate jurisdiction under Article 163(3)(b)(ii) of the Constitution is contingent upon national legislation prescribing such jurisdiction; where the relevant national legislation (e.g., the Small Claims Court Act) does not prescribe appellate jurisdiction to the Supreme Court but instead designates the High Court as the final appellate court, the Supreme Court lacks jurisdiction to hear appeals from the High Court.”
Quotable passages
“the Small Claims Court Act, which is the national legislation that governs all matters arising from the Small Claims Court, does not prescribe appellate jurisdiction to this court as required under article 163(3)(b)(ii) but instead provides that the High Court shall be the final appellate court”
“Therefore, from the foregoing, this court does not have jurisdiction to hear and determine the applicant’s appeal. For the said reason, we find no merit in this application and accordingly dismiss it.”
“The applicant’s notice of motion dated May 19, 2025 and filed on May 28, 2025 be and is hereby dismissed.”
“There shall be no order as to costs.”
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Court orders & relief refused
Orders
- The applicant’s notice of motion dated May 19, 2025 and filed on May 28, 2025 be and is hereby dismissed.
- There shall be no order as to costs.
Costs order: There shall be no order as to costs.
Relief refused
Review of the Deputy Registrar’s decision of May 23, 2025 declining to lodge the petition of appeal
The court lacks jurisdiction under article 163(3)(b)(ii) as the Small Claims Court Act does not prescribe appellate jurisdiction to the Supreme Court.
Key timeline
| Date | Event |
|---|---|
| 2024-03-04 | Small Claims Court dismisses Linet Akinyi’s injury claim for lack of jurisdiction. |
| 2024-05-09 | High Court declines to review the Small Claims Court decision. |
| 2025-05-19 | Applicant files notice of motion at Supreme Court seeking to appeal directly. |
| 2025-05-28 | Supreme Court dismisses the application for lack of jurisdiction. |
Statutes & authorities
Statutes cited
| Instrument | Provision |
|---|---|
| Constitution of Kenya, 2010 | Art 163(3)(b)(ii) |
| Small Claims Court Act | s 38 |
| Supreme Court Rules, 2020 | r 6(2) |
| Supreme Court Rules, 2020 | r 40(1)(b) |
Cases cited & treatment
Treatment by the court: followed authority record
Jurisdiction invoked: “Article 163(3)(b)(ii) of the Constitution; rule 6(2) of the Supreme Court Rules, 2020” · On appeal from: Supreme Court of Kenya (Deputy Registrar), ruling 23 May 2025 · Parties: Linet Akinyi (appellant), James K Ng’ang’a (respondent).
Practical implications
For lawyers — No Supreme Court route for SCC appeals
When handling Small Claims Court matters, advise clients that the High Court is the final appellate forum. Do not file notices of appeal to the Supreme Court under Article 163(3)(b)(ii) in these cases. Instead, ensure all arguments are fully presented at the High Court level, as no further review is available. This saves clients time and costs.
For businesses — Finality in small claims disputes
If your business faces a claim at the Small Claims Court, know that the High Court is the last stop for appeals. Once the High Court rules, the matter is over. This means you should invest in strong representation at the High Court stage. Do not plan for Supreme Court appeals, as they will be dismissed for lack of jurisdiction.
For individuals — Know your appeal rights in SCC cases
If you lose a case at the Small Claims Court, you can only appeal to the High Court. The Supreme Court will not hear your case, even if you think the law was wrongly applied. Make sure you file your appeal to the High Court within the required time. Once the High Court decides, that is the final word on your dispute.
Frequently asked questions
Can I appeal a Small Claims Court decision to the Supreme Court in Kenya?
No. The Supreme Court has ruled that it lacks jurisdiction to hear appeals from Small Claims Court cases. The Small Claims Court Act says the High Court is the final appellate court. Once the High Court decides, the matter ends.
What is the highest court for Small Claims Court appeals?
The High Court. Section 38 of the Small Claims Court Act states that a High Court decision on appeal is final. You cannot appeal further to the Court of Appeal or the Supreme Court.
Why did the Supreme Court dismiss the appeal?
Because it had no jurisdiction — the Small Claims Court Act does not give the Supreme Court power to hear these appeals.
Does Article 163(3)(b)(ii) allow SCC appeals?
No. It only grants jurisdiction if national legislation prescribes it; the Small Claims Court Act does not.
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