'(Appeal from the judgement and decree of Hon. N. Nkurunah, Adjudicator, of 17th November 2023, in Nairobi SCCC No. E5625 of 2023)
1. The claim, at the Small Claims Court, was by the respondent, for Kshs. 201,000.00, with respect to costs or expenses for repairs effected on a motor vehicle, that the respondent had bought from the appellant. The appellant filed a response, denying the claim, and apparently making a counterclaim for Kshs. 668,352, which was not supported by any pleadings.
2. A trial was conducted. The respondent testified and called 2 witnesses. The appellant called 1 witness. Judgement was delivered, on 17th November 2023, in favour of the respondent.
3. The appellant was aggrieved, hence the instant appeal. The grounds are that the special damages awarded were not specifically pleaded nor proved; the expert opinion of an unqualified person was wrongly admitted; the trial court purported to amend a sale agreement post execution and performance of the said agreement; and the evidence by the appellant was ignored.
4. Directions were given on 2nd May 2025, for disposal of the appeal, by way of written submissions. I have seen, in the record, written submissions by the appellant, which I have read and considered.
5. I shall determine the appeal herein, not on the basis of merit, but jurisdiction.
6. The claim, at the Small Claims Court, was founded on the Small Claims Court Act, Cap 10A, Laws of Kenya. Section 34(1) of the Small Claims Court Act grants the adjudicator a 60-day jurisdiction, from the date of filing, to hear and determine the claim. That would mean any determination, made outside the 60 days, would be null and void, and any appeal, founded on it, would be incompetent, except to the extent that it raises a question of jurisdiction.
7. The claim, in Nairobi SCCCOMM No. E5025 of 2023, was filed on 1st August 2023. 60 days, from 1st August 2023, lapsed on or before 1st October 2023. The final determination, by the trial court, came on 17th November 2023. That was way outside the 60 days allowed by section 34(1) of the Small Claims Court Act, and that determination was a nullity. Consequently, the instant appeal, challenging that invalid judgement, on merits, would be incompetent.
8. The lapse of the jurisdiction, did not render the suit invalid or non-viable. Given that the suit hereby was filed within limitation, the same would still be viable, and can be entertained by the other courts with jurisdiction, such as the Magistrate Court and the High Court.
9. The dispute, before the Small Claims Court, hinged on terms of a contract, around breach. Under the Limitation of Actions Act, Cap 22, Laws of Kenya, the limitation period for such claims is 6 years. The breach herein allegedly occurred in 2023, and the suit was initiated the same year.
10. Consequently, I do hereby order transfer of the said suit, out of the Small Claims Court, to the Magistrate Court, at the Milimani Commercial Courts, for hearing and final disposal. To facilitate that process, I do hereby vacate the proceedings that were conducted by the Small Claims Court. The appeal is hereby resolved in those terms. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 4TH DAY OF DECEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Mr. Michael Onyango, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Mwangi, instructed by Odhiambo Nyawade & Mwangi, Advocates for the appellant.
Mr. Njeru, instructed by Mola Kimosop & Njeru, Advocates for the res
'
1. The claim, at the Small Claims Court, was by the respondent, for Kshs. 201,000.00, with respect to costs or expenses for repairs effected on a motor vehicle, that the respondent had bought from the appellant. The appellant filed a response, denying the claim, and apparently making a counterclaim for Kshs. 668,352, which was not supported by any pleadings.
2. A trial was conducted. The respondent testified and called 2 witnesses. The appellant called 1 witness. Judgement was delivered, on 17th November 2023, in favour of the respondent.
3. The appellant was aggrieved, hence the instant appeal. The grounds are that the special damages awarded were not specifically pleaded nor proved; the expert opinion of an unqualified person was wrongly admitted; the trial court purported to amend a sale agreement post execution and performance of the said agreement; and the evidence by the appellant was ignored.
4. Directions were given on 2nd May 2025, for disposal of the appeal, by way of written submissions. I have seen, in the record, written submissions by the appellant, which I have read and considered.
5. I shall determine the appeal herein, not on the basis of merit, but jurisdiction.
6. The claim, at the Small Claims Court, was founded on the Small Claims Court Act, Cap 10A, Laws of Kenya. Section 34(1) of the Small Claims Court Act grants the adjudicator a 60-day jurisdiction, from the date of filing, to hear and determine the claim. That would mean any determination, made outside the 60 days, would be null and void, and any appeal, founded on it, would be incompetent, except to the extent that it raises a question of jurisdiction.
7. The claim, in Nairobi SCCCOMM No. E5025 of 2023, was filed on 1st August 2023. 60 days, from 1st August 2023, lapsed on or before 1st October 2023. The final determination, by the trial court, came on 17th November 2023. That was way outside the 60 days allowed by section 34(1) of the Small Claims Court Act, and that determination was a nullity. Consequently, the instant appeal, challenging that invalid judgement, on merits, would be incompetent.
8. The lapse of the jurisdiction, did not render the suit invalid or non-viable. Given that the suit hereby was filed within limitation, the same would still be viable, and can be entertained by the other courts with jurisdiction, such as the Magistrate Court and the High Court.
9. The dispute, before the Small Claims Court, hinged on terms of a contract, around breach. Under the Limitation of Actions Act, Cap 22, Laws of Kenya, the limitation period for such claims is 6 years. The breach herein allegedly occurred in 2023, and the suit was initiated the same year.
10. Consequently, I do hereby order transfer of the said suit, out of the Small Claims Court, to the Magistrate Court, at the Milimani Commercial Courts, for hearing and final disposal. To facilitate that process, I do hereby vacate the proceedings that were conducted by the Small Claims Court. The appeal is hereby resolved in those terms. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 4TH DAY OF DECEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Mr. Michael Onyango, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Mwangi, instructed by Odhiambo Nyawade & Mwangi, Advocates for the appellant.
Mr. Njeru, instructed by Mola Kimosop & Njeru, Advocates for the res
'