Small Claims Courts in Kenya

Introduction

The Small Claims Court in Kenya is a specialized commercial court designed to handle civil disputes involving small amounts of money. The court aims to provide a simple, quick, and cost-effective way to resolve disputes involving claims up to Kshs 1 million.

The Small Claim Claims Court Act, 2016 has operationalized the Small Claims Courts (SCCs) in Kenya. The courts wider initiative is to enhance the ease of doing business in Kenya. The courts are affordable while it provides an effective platform for enforcement of commercial disputes.

Objectives

Its main objective is to promote the right to access justice as envisioned under Article 48 of the Constitution of Kenya.

Providing Fast and affordable platform for solving disputes.

Reducing Case backlog by solving disputes within 60 Days.

Provision of equal opportunity to access of judicial services inclusive of the poor and vulnerable in the society.

Jurisdiction of the Court

Determines any civil claims as per section 12 of the Small Claim Claims Court Act, 2016  (whose value does not exceed Kenya Shillings One million, KES 1,000,000) relating to:

• A contract for sale and supply of goods or services;
• A contract relating to money held and received;
•  Liability in tort in respect of loss or damage caused to any property or for the delivery or recovery of movable property;
• Compensation for personal injuries; and
•  Set-off and counterclaim under any contract.

Section 13 of the Small Claim Claims Court Act, 2016 explains on matters excluded from the court. The court does not handle cases involving defamation, libel, slander, malicious prosecution, disputes over land titles or possession, employment and labor relations, or tenancy relationships.

Procedure involved

The court is presided over by an Adjudicator (Advocate of the High Court of Kenya), and the proceedings are designed to be less formal and faster than regular courts. Strict evidentiary rules are relaxed, allowing for oral or written testimony and other materials to be admitted as evidence.

Accessibility

The court aims to enhance access to justice, especially for marginalized and vulnerable groups, by reducing court fees and expediting case resolution.

Appeals

Section 38 of the Small Claim Claims Court Act, 2016, provides a right of appeal to the High Court on matters of law if a person is aggrieved by decision or order of the court: However, the decision rendered at the High Court shall be final.

Review of Decree or orders

Upon application by a dissatisfied party, the Adjudicator may in fact review any Small Claims Court order on several grounds including that: -

•       it was an ex-parte order made without notice to the applicant;
•       the claim or order was outside the Court’s jurisdiction;
•       the order was obtained through fraud; and
•          there was error of law on the face of the record or where either party discovers new facts not before the court.

N/B: It should be done within three months (3) of passing of the decree/order

Conclusion

The court plays a crucial role with simplified procedures enhancing fast disposal of suits, furthermore it is cost-effective.

Disclaimer

The information provided by Apollo Oduor & Associates Advocates on this platform is for general informational purposes only. All information on the site is provided in good faith. Feel free to ask if you have any more questions or need further details; Apollo Oduor & Associates Advocates; apollooduoradvocates@gmail.com; Mobile | Whatsapp:0732682015