Gilbert v Momarch Insurance Company Ltd (Commercial Case E143 of 2026) [2026] SCC 104 (KLR)
The bottom line
#Kenya's Small Claims Court cannot hear declaratory suits—its jurisdiction is limited by statute, so claims must fit its listed categories.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Small Claims Court has jurisdiction to entertain a declaratory suit of the kind filed
Key legal issues
#Jurisdiction of the Small Claims Court over declaratory suits
The court lacks jurisdiction to entertain declaratory suits, which are not within the claims listed under section 12 of the Small Claims Court Act
Jurisdiction rests solely on the Constitution and statute. The Small Claims Court is a subordinate court established under Article 169(1)(d) whose civil claims jurisdiction is enumerated in section 12 of the Small Claims Court Act, limited to contracts, tort, personal injuries, set-off and counterclaim, with a pecuniary cap. A declaratory suit compelling an insurer to settle a decree is not among these heads, and jurisdiction cannot be inferred by implication.
Legal principles established
#- Jurisdiction is conferred only by the Constitution and statute
- Declaratory suits fall outside the enumerated jurisdiction of the Small Claims Court under section 12
Court orders
#- 1.The claim is struck out with no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 169(1)(d) of the Constitution of Kenya, 2010 and Section 12 of the Small Claims Court Act
Relief refused
#The declaratory suit as filed
Declaratory suits are not contemplated under section 12 of the Small Claims Court Act and cannot be inferred
Costs
No orders as to 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.
It is trite law that jurisdiction is the foundation upon which any judicial authority rests.
Jurisdiction can only be conferred upon a court by the constitution and statue.
The pecuniary jurisdiction of the court shall be limited to one million shillings.
Ultimately, the claim herein is stuck ofi with no orders as to costs.
Issues in the judgment
#Typographical errors in the judgment text
The judgment recites reliance on Gathaiya (a case on Rule 25(1) ultra vires findings) without expressly linking that holding to the disposition
The judgment's opening and closing refer inconsistently to the matter as both a 'suit' and a 'claim'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gilbert v Momarch Insurance Company Ltd (Commercial Case E143 of 2026) [2026] SCC 104 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/104/eng@2026-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.