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Small ClaimsStruck OutNot stated in the judgment· [2026] SCC 98 (KLR)

Kamau v Monarch Insurance Company Ltd (Civil Case E055 of 2026) [2026] SCC 98 (KLR)

Small Claims Court
14 April 2026
TMTheresa N. Mwangeka
972 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Small Claims Court confirmed it cannot hear declaratory suits, striking out a claim because such jurisdiction is not listed in the Small Claims Court Act.

What this practically means

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Executive summary

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This Small Claims Court ruling decided a preliminary objection dated 11th March 2026 raised by the Respondent, challenging the court's jurisdiction to hear the claim on the ground that it was a declaratory suit. The Claimant argued that although Section 12(1) of the Small Claims Court Act does not expressly list declaratory suits, Rule 25(1) of the Small Claims Court Rules, 2019 read with Section 38(f) of the Civil Procedure Act authorises the court to enforce its own decrees, and declaratory suits are an incident of execution, not independent suits. The Respondent contended that Section 12 of the Act confers no jurisdiction over declaratory suits. The Adjudicator adopted the Mukisa Biscuit definition of a preliminary objection as endorsed by the Supreme Court in Hassan Ali Joho, and framed a single issue: whether the court has jurisdiction to entertain a declaratory suit. Relying on Kenya Orient Insurance Limited v Otieno, which held that the Small Claims Court lacks jurisdiction over declaratory suits, and on Gathaiya v Attorney General, which found Rule 25(1) of the Rules ultra vires for incorporating the Civil Procedure Rules by reference, the court held that declaratory suits are not contemplated under Section 12 and cannot be inferred. The preliminary objection succeeded, the claim was struck out for lack of jurisdiction, with no orders as to costs.

Key legal issues

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01

Whether the Small Claims Court has jurisdiction to hear a declaratory suit

Holding

It does not; section 12 of the Small Claims Court Act does not list declaratory suits and such jurisdiction cannot be inferred, including through Rule 25(1) of the Small Claims Court Rules

Reasoning

The court reasoned that jurisdiction is founded on the constitution and statute. Section 12 of the Small Claims Court Act exhaustively lists the civil claims the court may determine, and declaratory suits are not among them. Rule 25(1) of the Rules, relied on by the claimant, had been found ultra vires for incorporating the Civil Procedure Rules by reference in Gathaiya v Attorney General, so it could not expand the court's jurisdiction. The court followed Kenya Orient Insurance Limited v Otieno, which held that the Small Claims Court lacks jurisdiction over declaratory suits.

p. 3

Legal principles established

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  • Declaratory suits are not within the jurisdiction of the Small Claims Court under section 12 of the Small Claims Court Act
  • Jurisdiction can only be conferred upon a court by the constitution and statute

Court orders

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  1. 1.The Preliminary Objection dated 11th March 2026 is allowed
  2. 2.The claim is struck out for lack of jurisdiction
  3. 3.No orders as to costs
Jurisdiction invoked
Article 169(1)(d) of the Constitution of Kenya, 2010 and Section 12 of the Small Claims Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kamau v Monarch Insurance Company Ltd (Civil Case E055 of 2026) [2026] SCC 98 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/98/eng@2026-04-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.