Brief overview of the Small Claims Court
The Small Claims Court which has a monetary jurisdiction of matters not exceeding Kshs. 1,000,000/= is a subordinate Court which deals with small claims of civil and commercial nature. The enactment and operationalization of the Small Claims Act, 2016 (the “Act”) is part of the judicial reforms aimed at reducing the backlog of cases in the Courts.
The main objective of the Court is to guarantee the right of access to justice as envisioned under Article 48 of the Constitution. The Small Claims Court incorporates the above through timely disposal of all proceedings using the least expensive methods, ensuring equal opportunity in the access of judicial services, promoting fairness of the judicial process and simplifying procedures in the Court.
Jurisdiction of the Court
The Small Claim Courts has jurisdiction of the Court to adjudicate civil claims relating to:
- contracts for sale and supply of goods and services;
- money held and received;
- set offs and counterclaims on contractual claims;
- liability in tort in respect of damage caused; and
- compensation for personal injuries.
The Court can make various orders including but not limited to an order for the restitution of movable property; an order for recovery of any sum in relation to the performance of a contract; an order dismissing a claim to which the proceedings relate or any such orders as the Court may deem necessary.
Proceedings of the Court
The Court is presided over by an Adjudicator who is an advocate of the High Court of Kenya with at least three (3) years’ experience.
The laws on evidence are not strictly adhered to in Small Claims Court. Section 32 of the Act provides for exclusion of strict adherence to the rules of evidence by the Court. Accordingly, the Court may admit as evidence any oral or written testimony, record, or other materials.
Timelines of Proceedings
Proceedings are done in an expeditious manner. Section 34 provides that all proceedings shall be heard and determined on the same day or on a day-to-day basis until final determination.
In addition, the court is mandated to hear and determine a dispute within 60 days from the date a suit was instituted in Court. The Court may only adjourn the hearing of any matter under exceptional and unforeseen circumstances which must be recorded and be limited to a maximum of three adjournments.
What are the benefits of the Small Claims Court to litigants?
- Flexible procedures.
There are no complexities with court processes in relation to filing procedures and hearing proceedings. The Court employs appropriate mechanisms that ensure expeditious disposal of suits. In addition, the Court is not stringently tied down by the Civil Procedure Rules, 2010 or procedural laws including evidence law. As such, strict rules of evidence do not apply and parties to the suit are not allowed to raise technical objections on grounds of want of form.
- Timely disposal of matters before the Court
Section 34 of the Act provides that proceedings of the Small Claims Court shall be heard and determined within 60 days from the date of filing. Further, it only allows at a maximum of three adjournments during the pendency of the matter. In addition, there’s no time wastage during Court procedures hearing proceedings are required to be done in one day. Speedy resolution of disputes enhances the ease of doing business in the country due to the speedy resolution of disputes.
- Reduction of cases in higher courts
All matters valued at less than Kshs. 1,000,000/- are determined by this Court and this means that there is absolutely no reason to pursue a matter in the higher courts if the claim is of the said value or less. Further, parties can easily access justice and get orders within a short period unlike in the higher Courts where the process is longer.
- Reasonable court fees
The filing fees in Small Claims Courts are reasonable and less compared to other Courts.
- Faster administration of justice
The Court generally assists with the resolution and determination of small claims and therefore speeds up repayment and further increases the ease of contracting business.
- Ease in debt collection
Due to the expeditious disposal of suits during the determination process, parties are able to quickly recover the monies owed to them whether it’s a personal or commercial claim.
- Ease of access to justice
The Court determines matters within a short period and this mean that a party is able to enjoy the fruits of litigation without incurring legal hurdles during the litigation process.
Closing Remarks
The Small Claims Court was specifically set up for the purpose of enabling the ease of access to judicial services and reduction of case backlog as well as faster dispensation of matters. As a result, parties benefit in terms of expeditious disposal of suits, fairness and flexibility in the determination process and general party satisfaction.
A successful party will benefit from the fruits of litigation and shall enjoy of its benefits by getting their duly owed dues in proper time and without much effort involved. It is our proposal that if you have both civil and commercial matters valued at Kshs. 1,000, 000/- involving contractual obligations that remain unpaid to date, you should approach the Small Claims Court for speedy resolution of the matter.
Commercially speaking, due to the volumes and the speedy dispensation of justice, the Court is going a long way into freeing money into businesses and by extension, the economy. At the moment, the judiciary has established Small Claims Court at Milimani, Kajiado and Thika and is in the process of opening up several other Small Claim Courts in other parts of the country.
Why we are the best option to represent your interests in Small Claim Courts?
We are currently handling various matters in Small Claims Courts and have conducted similar proceedings for several other corporates within your industry and the outcome so far has been very successful. We pride ourselves in providing value added service in consonance with the client’s needs by combining a deep understanding of the nature of your business sector combined with a multidisciplinary team to provide commercially focused legal advice. As our firm profile will vouch for, our team is vibrant, experienced and keen to go the extra mile for the extraordinary results, whilst remaining competitive and professional.
