High Court declares Small Claims decisions rendered after 60 days as null and void

The High Court has ruled that any decision delivered by a Small Claims Court beyond 60 days from the date of filing a case is null and void. This means all cases filed before the court must be concluded within two months.

Justice William Musyoka found that, since the claim in question was filed on November 7, 2022, and judgment delivered on February 21, 2023, a total of 107 days had elapsed from the date of filing.

“Judgment ought to have been delivered by January 6, 2023. The judgment delivered on February 21, 2023, was, therefore, a nullity,” the judge ruled.

He further stated that the Small Claims Court Act and its accompanying Rules do not provide for an extension of the 60-day timeframe, and the trial court had not sought to extend it.

The decision arose from an appeal filed by Daniel Makanda, who moved to the High Court after the Small Claims Court awarded motorcycle rider Eugene Osita general damages of Sh800,000, special damages of Sh3,550,000, and further medical expenses of Sh80,000 following a road traffic accident.

Justice Musyoka allowed Makanda’s appeal and set aside the trial court’s decision, noting that the dispute was determined outside the legally mandated timeframe.

“As the 60-day period had lapsed by the time judgment was delivered, the trial court no longer had jurisdiction and should not have returned any verdict. Consequently, I allow the appeal. The judgment of February 21, 2023, is hereby set aside and replaced with an order dismissing the suit before the trial court,” the judge ruled.

The court also noted that Section 34(3) of the Act limits or prohibits the granting of adjournments, except under “exceptional and unforeseen circumstances” as outlined in Section 34(4). The aim, the court said, is to ensure that matters are heard and determined within the strict 60-day timeline.

“If the 60-day timeline were not mandatory, Parliament would not have taken such pains to emphasise it,” the judge added.

The dispute arose from a road traffic accident on Gitanga Road, Nairobi. Makanda was driving a motor vehicle while Osita was riding a motorcycle.

Osita alleged that Makanda had not handled his vehicle negligently, causing a collision at the Muthangari Gardens junction. He sustained bodily injuries and claimed both general and special damages.

While Makanda admitted to owning the vehicle and confirmed that the accident occurred, he denied any negligence and attributed fault to Osita.

The judgment now establishes that Small Claims Courts have no jurisdiction to determine matters beyond the 60-day statutory limit.

The Small Claims Court, which handles disputes valued at less than Sh1 million, was introduced to reduce the backlog of cases that has long affected the Judiciary.

These courts are designed to handle relatively simple matters, such as sale and supply contract disputes, property damage, and personal injury claims. The Small Claims Court Act, enacted in 2016, stipulates that all matters should be concluded within 60 days of filing.

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