I have considered the Notice of Motion dated 21st May 2026 filed herein under a certificate of urgency. I note that the substantive prayer in the application seeks transfer of Naivasha Small Claims Court Case No. E590 of 2025 to the Chief Magistrates court at Kiambu in accordance with the Guidelines issued by the Hon. Chief Justice in Gazette Notice No. 6567 of 8th May 2026.
Although it is not clear why the applicant seeks transfer of a matter registered at the Naivasha Small Claims Court to the Kiambu Chief Magistrates Court, it is clear that this is an eligible matter for transfer from the Small Claims Court to the Magistrate's Court considering that it involves a personal injury claim in which judgement had not been delivered by 22nd January 2026.
In the premises, prayer 3 of the application seeking transfer of the matter to the Chief Magistrate's Court is superfluous in view of this Court's decision in Gathaiya V Attorney General and 2 Others ; and 176 interested parties [ Petition No. E8 and E10 of 2024 (Consolidated) that all personal injury claims which were pending in the Small Claims Court as at 22nd January 2026 be transferred and were deemed transferred to the Magistrate's Court with jurisdiction. This in my view means that the transfer of all eligible matters was automatic on the strength of the aforesaid judgement and further applications to effect the contemplated transfers were unnecessary.
The case subject matter of this application ought to have been transferred to the appropriate Magistrate's Court in accordance with Rule 3(2) of the aforesaid guidelines.
In view of the foregoing, i find that the application is not properly before this court and it is accordingly struck out with no orders as to costs.
This file is now marked as closed.
Although it is not clear why the applicant seeks transfer of a matter registered at the Naivasha Small Claims Court to the Kiambu Chief Magistrates Court, it is clear that this is an eligible matter for transfer from the Small Claims Court to the Magistrate's Court considering that it involves a personal injury claim in which judgement had not been delivered by 22nd January 2026.
In the premises, prayer 3 of the application seeking transfer of the matter to the Chief Magistrate's Court is superfluous in view of this Court's decision in Gathaiya V Attorney General and 2 Others ; and 176 interested parties [ Petition No. E8 and E10 of 2024 (Consolidated) that all personal injury claims which were pending in the Small Claims Court as at 22nd January 2026 be transferred and were deemed transferred to the Magistrate's Court with jurisdiction. This in my view means that the transfer of all eligible matters was automatic on the strength of the aforesaid judgement and further applications to effect the contemplated transfers were unnecessary.
The case subject matter of this application ought to have been transferred to the appropriate Magistrate's Court in accordance with Rule 3(2) of the aforesaid guidelines.
In view of the foregoing, i find that the application is not properly before this court and it is accordingly struck out with no orders as to costs.
This file is now marked as closed.