Kimanthi t/a Miale Centre (Formerly Jambo Traders v Sidian Bank of Kenya Ltd (Civil Case 162 of 2019) [2026] KEMC 104 (KLR)
The bottom line
#A Kenyan magistrate's court refused to allow a plaintiff to amend their claim to Ksh. 21 million, because that amount exceeds what magistrates can hear.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether there are sufficient grounds to warrant an order for amendment of the plaint
- 2.Whether a court should allow an amendment whose effect would be to raise a claim beyond the pecuniary jurisdiction of the court
Key legal issues
#Whether leave to amend a plaint may be granted where the proposed amendment raises a claim beyond the court's pecuniary jurisdiction
The amendment was refused. Although the grounds of opposition did not hold water and the amendment would ordinarily be allowed, the court cannot permit an amendment that would oust its own jurisdiction; the applicant should seek transfer to the High Court and amend there.
The court acknowledged the general rule that pleadings may be amended at any time before final judgment, and found the defendant's grounds of opposition unpersuasive. However, the draft amended plaint sought Ksh. 21,268,130.54, beyond the magistrate's court's pecuniary jurisdiction. Allowing the amendment would mean the court later downing its tools for want of jurisdiction, defeating the amendment's purpose. The application was therefore dismissed, with no orders as to costs because the plaintiff would otherwise have succeeded.
Legal principles established
#- A court should not allow an amendment to a plaint if the effect of the amendment would be to divest or oust the court of jurisdiction; the proper course is transfer to the High Court, then amendment there.
- Jurisdiction is foundational; without it a court has no power to take further steps.
Court orders
#- 1.The application dated 28/5/2021 seeking leave to amend the plaint is dismissed
- 2.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Pecuniary jurisdiction of the Magistrate's Court under the Magistrates' Courts Act; Article 159(2)(b) of the Constitution of Kenya invoked on expeditious disposal
Relief refused
#Leave to amend the plaint as per the annexed draft amended plaint
The proposed amendment would introduce a claim (Ksh. 21,268,130.54) beyond the pecuniary jurisdiction of the Magistrate's Court, which would oust the court of jurisdiction
Deeming of the amended plaint as duly and properly filed
Follows from the refusal of leave to amend
Costs
No orders as to costs - each party to bear own costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
My view is that a court should not allow an amendment to a plaint if the efiect of the amendment would be to divest or oust the court of the very jurisdiction upon which the suit was instituted and is being entertained.
Jurisdiction is foundational; without it, a court has no power to take further steps other than to down its tools.
In view of the foregoing, I find that the application dated 28/5/2021 is devoid of merit. I proceed to dismiss it. I will not make any orders as to costs since were it not for the issue of jurisdiction, the application would have been allowed.
Issues in the judgment
#The coram/heading with the case number and parties' names is not reproduced in the text, so the suit number and party names cannot be recorded.
Date anomaly: the ruling recites that submissions were directed in 2023 and filed on 24/11/2023, yet it is dated 26 May 2026 and refers to delivery by a predecessor 'way back in 2023'.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimanthi t/a Miale Centre (Formerly Jambo Traders v Sidian Bank of Kenya Ltd (Civil Case 162 of 2019) [2026] KEMC 104 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/104/eng@2026-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.