Akinyi v Ogwari & another
Generated by AI · ~5 min to read original · ~4 min brief
01 · The bottom line
Supreme Court cannot hear appeals from Small Claims Court cases because the law says High Court decisions are final.
02 · 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 the High Court is the final court for these disputes. This means once the High Court decides a Small Claims Court appeal, that is the end of the matter. The Supreme Court cannot step in, even if the Court of Appeal is bypassed.
03 · 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 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.
04 · Key legal issues
Issue 01
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.
The court noted that Article 163(3)(b)(ii) grants appellate jurisdiction over “any other court or tribunal as prescribed by national legislation.” The applicant failed to address the rider that such jurisdiction must be “prescribed by national legislation” — section 38(2) provides that an appeal to the High Court “shall be final.” Therefore, the Supreme Court has no jurisdiction to hear the appeal.
p. 4 ↗Issue 02
Whether the Deputy Registrar correctly declined to admit the petition of appeal for failure to attach a copy of a Court of Appeal judgment as required under rule 40(1)(b) of the Supreme Court Rules.
The court did not directly rule on this procedural issue because it lacked substantive jurisdiction to hear the appeal, rendering the procedural question moot.
The procedural issue regarding the Deputy Registrar's decision was rendered moot by the finding of no jurisdiction.
p. 4 ↗05 · Legal principles established
06 · Court 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.
07 · The bench
One judgment of the whole court — no separate or dissenting opinions.
08 · 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.”
09 · Key timeline
04 Mar 2024
Small Claims Court dismisses Linet Akinyi's injury claim for lack of jurisdiction.
09 May 2024
High Court declines to review the Small Claims Court decision.
19 May 2025
Applicant files notice of motion at Supreme Court seeking to appeal directly.
28 May 2025
Supreme Court dismisses the application for lack of jurisdiction.
10 · Practical implications
No Supreme Court route for SCC appeals
Advise clients that the High Court is the final appellate forum; ensure all arguments are fully presented there, as no further review is available.
Finality in small claims disputes
The High Court is the last stop — invest in strong representation at that stage; do not plan for Supreme Court appeals.
Know your appeal rights in SCC cases
You can only appeal to the High Court, within time. Once the High Court decides, that is the final word.
11 · 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 in Kenya?
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.
12 · Cite this brief
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.
13 · How this was checked
- ✓Quotes grounded against the source judgment: 2/2
- ✓Pages verified against the official PDF: 2/2
- ✓Analysed with deepseek/deepseek-v4-flash · Extracted 29 Jul 2026
Compiled from AI-extracted briefs of Kenya Law judgments, each checked against the source text. Briefs are AI-generated analyses — always verify against the original judgment before relying on them in court. Not legal advice.