Akinyi v Ogwari & another
Linet Akinyi (appellant) · James K Ng'ang'a (respondent)
How to read this brief
We have laid the brief out as seven numbered steps. Each step opens with a “What this means” callout in plain language. Skim the steps you do not need; the links jump straight to them.
The bottom line
What this 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.
Supreme Court cannot hear appeals from Small Claims Court cases because the law says High Court decisions are final.
The one-sentence takeaway, in the Court's own headwords. The reasoning behind it is steps 3 and 4 below.
Why it matters
What this means
This judgment draws a firm line under where Small Claims Court disputes can be appealed. A party that loses there must put its full case before the High Court — there is no second bite at the Supreme Court. Knowing this route in advance saves clients time, legal costs and false hope.
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 of that Act 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.
How the case got here
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4 Mar 2024
Small Claims Court dismisses Linet Akinyi's injury claim for lack of jurisdiction.
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9 May 2024
High Court declines to review the Small Claims Court decision.
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19 May 2025
Applicant files notice of motion at Supreme Court seeking to appeal directly.
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28 May 2025
Supreme Court dismisses the application for lack of jurisdiction.
The issues
What this means
The whole case turned on one question — does the Supreme Court have the power to hear this appeal at all? The Court said no, and it explained why: the power to hear an appeal must be written into the law, and for Small Claims Court matters the law gives that final say to the High Court instead.
The question the Court set itself, in its own words:
Whether this court has jurisdiction under article 163(3)(b)(ii) as read together with section 38 of the Small Claims Act to hear and determine an appeal from the High Court
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.
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.
Article 163(3)(b)(ii) grants the Supreme Court appellate jurisdiction over “any other court or tribunal as prescribed by national legislation”. The applicant argued that because section 38 of the Small Claims Court Act ousts the Court of Appeal's jurisdiction, Article 163(3)(b)(ii) came to her aid. The Court found, however, that the applicant failed to address the rider that such jurisdiction must be “prescribed by national legislation” — and the Small Claims Court Act prescribes none for the Supreme Court.
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.
The court did not need to decide this procedural question — once it found it had no jurisdiction, the procedural issue was moot.
A court settles whether it has jurisdiction before it entertains procedural arguments. Because the Supreme Court lacked jurisdiction under Article 163(3)(b)(ii), the dispute about the Deputy Registrar's decision under rule 40(1)(b) did not need to be resolved.
The principles the Court applied
- 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 Court's own words
“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”
The orders
What this means
The Court refused the application and ordered each side to bear its own costs. Nothing in the law changed — the ruling simply confirms that Small Claims Court appeals end at the High Court.
What the Court formally decided (its own words):
“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.”
The words behind the dismissal
“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.”
Cited cases & statutes
What this means
The Court reasoned from the Constitution and the Small Claims Court Act, not from earlier cases. “Followed” below means the Court treated the advisory opinion it cited as the correct statement of when the Supreme Court may hear an appeal.
Statutes cited
- Constitution of Kenya, 2010
Article 163(3)(b)(ii) - Small Claims Court Act
Section 38 - Supreme Court Rules, 2020
Rule 6(2) · Rule 40(1)(b)
Cases cited
✓ Followed
In the Matter of the Interim Independent Electoral Commission (Applicant)
Constitutional Application No 2 of 2011 · Supreme Court of Kenya · Advisory Opinion
Treatment labels come from the brief's reading of the judgment — verified against the source text on Kenya Law.
What it means for you
What this means
Whatever side of a Small Claims Court dispute you are on, plan for one appeal only — to the High Court. Build your strongest case there, because after the High Court there is nowhere else to go.
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 Article 163(3)(b)(ii) notices in these cases; ensure all arguments are fully presented at the High Court, since no further review is available. This saves clients time and costs.
Finality in small claims disputes
If your business faces a Small Claims Court claim, know the High Court is the last stop for appeals. Once it rules, the matter is over — so invest in strong representation at the High Court stage and do not budget for Supreme Court appeals.
Know your appeal rights in SCC cases
If you lose at the Small Claims Court, your one appeal is to the High Court, filed within time. The Supreme Court will not hear your case even if you believe the law was applied wrongly — the High Court's word is final.
Q&A
What this means
Short, plain answers to the questions this judgment raises most often. For the exact wording of the law, open the judgment on Kenya Law.
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. The law says the High Court is the final court for Small Claims Court matters.
Does Article 163(3)(b)(ii) allow Supreme Court appeals from the Small Claims Court?
No. Article 163(3)(b)(ii) only gives the Supreme Court jurisdiction if national legislation prescribes it. The Small Claims Court Act does not prescribe any such jurisdiction, so the Supreme Court cannot hear these appeals.
Before you rely on this brief
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Later judgments citing this
No later judgments in the corpus cite this case yet — it was decided on 23 January 2026. Check back as new briefs are published, or set up a case alert.
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