Brief № 001 · Supreme Court of Kenya · Nairobi
Akinyi v Ogwari & another
Petition (Application) E025 of 2025 · [2026] KESC 9 (KLR) · 23 January 2026 · Ruling · 1,169 words · 6 pages of the official judgment
Dismissed ✨ AI-generated case brief Not legal advice
Generated by AI · ~5 min to read original · ~4 min brief · Bench: M.K. Koome CJ, P.M. Mwilu DCJ, S.C. Wanjala, Njoki Ndungu, I. Lenaola SCJJ — unanimous.
§1 · The bottom line
Supreme Court cannot hear appeals from Small Claims Court cases because the law says High Court decisions are final.
§2 · 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.
§3 · 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, and the applicant then moved to review that decision.1
Considering its jurisdiction under Article 163(3)(b)(ii) as read with section 38 of the Small Claims Court Act, the court held that although that Article confers appellate jurisdiction over “any other court or tribunal as prescribed by national legislation”, the Small Claims Court Act prescribes none — section 38(2) provides that an appeal to the High Court “shall be final”. The Supreme Court therefore lacks jurisdiction. The application was dismissed with no order as to costs, the respondents not having participated.2
§4 · Questions the Court framed
The issues the Court set itself to decide, in its own words.
1. 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.
§5 · Key legal issues
(i) 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. Held: the Court lacks jurisdiction because that Act does not prescribe appellate jurisdiction to the Supreme Court as Article 163(3)(b)(ii) requires; it instead makes the High Court the final appellate court. p. 4 ↗
(ii) Whether the Deputy Registrar correctly declined to admit the petition of appeal for failure to attach a Court of Appeal judgment under rule 40(1)(b). Held: not decided — the finding of no jurisdiction rendered the procedural question moot. p. 4 ↗
Binding proposition — “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.” (p. 4) · all binding propositions
§6 · Legal principles established
- 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.
§7 · Orders, relief refused & costs
Ordered: (1) The applicant's notice of motion dated May 19, 2025 and filed on May 28, 2025 be and is hereby dismissed. (2) 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.
§8 · The bench & the record
One judgment of the whole court — no separate or dissenting opinions.
M.K. Koome CJ (author), P.M. Mwilu DCJ, S.C. Wanjala SCJ, Njoki Ndungu SCJ, I. Lenaola SCJ. On appeal from the Supreme Court of Kenya (Deputy Registrar), ruling of 23 May 2025. Jurisdiction invoked: Article 163(3)(b)(ii) of the Constitution; rule 6(2) of the Supreme Court Rules, 2020. Parties: Linet Akinyi (appellant); James K Ng'ang'a (respondent). Nature of proceeding: judgment/ruling; prior decision treatment: affirmed.
§9 · 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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§10 · Key timeline
- 4 March 2024 — Small Claims Court dismisses Linet Akinyi's injury claim for lack of jurisdiction.
- 9 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.
§11 · Practical implications
Lawyers. No Supreme Court route for SCC appeals: advise clients that the High Court is the final appellate forum, do not file notices of appeal under Article 163(3)(b)(ii) in these cases, and present every argument at the High Court, since no further review is available — it saves clients time and costs.
Businesses. Finality in small claims disputes: the High Court is the last stop; invest in strong representation at that stage and do not plan for Supreme Court appeals, which will be dismissed for lack of jurisdiction.
Individuals. Know your appeal rights in SCC cases: only the High Court hears the appeal, within the required time; once it decides, that is the final word on your dispute.
§12 · 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.
Why did the Supreme Court dismiss the appeal in Linet Akinyi v James K Ng'ang'a?
It had no jurisdiction: the Small Claims Court Act does not give the Supreme Court power to hear these appeals, and the law makes the High Court the final court for Small Claims Court matters.
Does Article 163(3)(b)(ii) allow Supreme Court appeals from the Small Claims Court?
No. That Article confers jurisdiction only where national legislation prescribes it; the Small Claims Court Act prescribes none, so the Supreme Court cannot hear these appeals.
§13 · Cite this brief · later judgments · sources
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.
Statutes cited: Constitution of Kenya, 2010 — Article 163(3)(b)(ii); Small Claims Court Act — Section 38; Supreme Court Rules, 2020 — Rules 6(2) and 40(1)(b). Cases cited: In the Matter of the Interim Independent Electoral Commission (Applicant), Constitutional Application No 2 of 2011 — followed (authority record). Later judgments citing this: none indexed yet — decided 23 January 2026; check the citator or set a case alert.
Related briefs: Wafula v Maru · Kimweli & 46 others v National Social Security Fund · Otieno v Ngani.
§14 · How this was checked
Quotes grounded against the source judgment 2/2 · pages verified against the official PDF 2/2 · citations stripped 0 · ungrounded amounts 0 · model deepseek/deepseek-v4-flash · extracted 29 July 2026. Compiled from AI-extracted briefs of Kenya Law judgments, each checked against the source text.