Akinyi v Ogwari & another
The bottom line
#Supreme Court cannot hear appeals from Small Claims Court cases because the law says High Court decisions are final.
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.
Executive summary
#Key legal issues
#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 the Supreme Court appellate jurisdiction over 'any other court or tribunal as prescribed by national legislation.' The applicant argued that since section 38 of the Small Claims Court Act ousts the Court of Appeal's jurisdiction, Article 163(3)(b)(ii) comes to her aid. However, the court found that the applicant failed to address the rider that such jurisdiction must be 'prescribed by national legislation.' The Small Claims Court Act does not prescribe any appellate jurisdiction to the Supreme Court; instead, 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.
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 directly rule on this procedural issue because it found it lacked substantive jurisdiction to hear the appeal, rendering the procedural question moot.
The applicant argued that rule 40(1)(b) does not apply to appeals under Article 163(3)(b)(ii) because it refers to appeals from the Court of Appeal. The court, however, did not address this argument. Instead, it dismissed the application on the substantive ground that it lacked jurisdiction under Article 163(3)(b)(ii) because the Small Claims Court Act does not prescribe appellate jurisdiction to the Supreme Court. The procedural issue regarding the Deputy Registrar's decision was therefore rendered moot by the finding of no jurisdiction.
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.
Court orders
#- 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.
- On appeal from
- Supreme Court of Kenya (Deputy Registrar)
- Jurisdiction invoked
- Article 163(3)(b)(ii) of the Constitution; rule 6(2) of the Supreme Court Rules, 2020
Key timeline
#Practical implications
#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 notices of appeal to the Supreme Court under Article 163(3)(b)(ii) in these cases. Instead, ensure all arguments are fully presented at the High Court level, as no further review is available. This saves clients time and costs.
Finality in small claims disputes
If your business faces a claim at the Small Claims Court, know that the High Court is the last stop for appeals. Once the High Court rules, the matter is over. This means you should invest in strong representation at the High Court stage. Do not plan for Supreme Court appeals, as they will be dismissed for lack of jurisdiction.
Know your appeal rights in SCC cases
If you lose a case at the Small Claims Court, you can only appeal to the High Court. The Supreme Court will not hear your case, even if you think the law was wrongly applied. Make sure you file your appeal to the High Court within the required time. Once the High Court decides, that is the final word on your dispute.
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 is the highest court for Small Claims Court appeals. 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?+
The Supreme Court dismissed 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) of the Kenyan Constitution 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. Therefore, the Supreme Court cannot hear appeals from the Small Claims Court.
Cite this brief
#Cite this brief
Caselaw, "Akinyi v Ogwari & another", Case Analysis (2026). Petition (Application) E025 of 2025. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2026/9/eng@2026-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.