10/02/2026
⚖️ The Constitution of Kenya provides for access to justice under Article 48, but it must operate within legislative design and the High Court has just reaffirmed this.
The Small Claims Court exists to resolve simple, low-value disputes, not to stretch beyond Parliament’s design. In a landmark Eldoret decision, the High Court clarified that road traffic personal injury claims do not belong before the Small Claims Court, upheld the constitutionality of its summary procedures, and struck down the use of civil jail through subsidiary rules.
Access to justice matters, but so does legislative fidelity.
📌 A timely reminder for litigants and practitioners alike.