Small claim courts were established by the Small Claim Court Act 2016 under Article 169(1) (d) of the 2010 constitution of Kenya. Its primary focus is to provide fast and affordable solutions to disputes involving small amounts of money.
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The objectives of small claim courts
The court had other goals. These were to simplify the proceedings, resolve cases quickly, and offer low-cost services. Finally, it aimed to uphold fairness and natural justice.
The jurisdiction of small claim courts
The small claim courts under section 12 of the act have a limit of ksh.1,000,000 on civil claims. They can determine civil claims, including:
i. Contracts for sale and supply of goods and services.
ii. Contracts of money held and received.
iii. Liability in tort.
iv. Compensation for personal injuries.
v. Set off and counterclaim under any contract.
However, small claims courts cannot decide civil claims like defamation, libel, slander, malicious prosecution, land title disputes, and employment issues.
The procedure/ process of filing and hearing a claim in the small claim courts
Filing a claim
To file a claim, submit forms with info about the claim. Then, file the electronic forms through the designated platforms. The filing fees range from Kshs.200 to Ksh. 1000 depending on the amount of the claim.
The claimant is given a case number and summons for service to the respondent. The respondent is obliged to receive a copy of the statement of claim so they can respond to the claim either through response, counterclaim, or third-party notice.
Hearing of the claim
The hearings are informal, and the adjudicators usually provide means of determining a suit virtually or in person. During hearings, adjudicators allow adjournments only for emergencies. They limit adjournments to three times. However, parties are not allowed to raise technical objections on the grounds of any form of choice.
Courts allow resolving disputes through ADR or other means. This ensures fairness, low costs, and good relations between parties.
Determination of the claim
The Act restricts the court from delivering judgments within six months after the hearing, ensuring that justice is served efficiently. The small claim courts might issue these orders: a restitution of movable property, a recovery of a sum for a contract, a dismissal of the claim, or any other order the court may direct.
Appeal
To appeal, one must file a detailed memo. It must clearly outline the grounds for satisfaction with the likely outcomes. The appeals are directed to the high court, which scrutinizes the jurisdiction vested in the small claim courts and determines any procedural irregularities that might have occurred in the previous proceedings.
Grounds for review
1. An order was made when one of the parties had no notice of an ongoing claim against them.
2. An order was made beyond the jurisdiction of the court.
3. An error of the law influences judgment.
4. An order was made unlawfully.
5. Presence of new facts and evidence that was absent in the previous hearing.
Benefits of small claim courts
I. Ensures that ordinary Kenyans have access to justice without having much knowledge about the law.
II. Saves on costs as it involves less amount of fees while filing a claim, ensuring financial security for all parties involved.
III. Enhances timely determination of cases since courts are expected to deliver judgements within six months.
IV. Ensures that all citizens have equal opportunities and access to justice regardless of their financial capability, fostering a sense of inclusion and respect.
Small claims court now gives hope to litigants. Most had lost it due to the long wait for court decision. Should you have any disputes or claims for an amount less than one million, small claim court offers an opportunity to have your matter determined expeditiously. Feel free to seek consultation at Chepchieng & Company Advocates via WhatsApp at +254718724409 or email us at info@chepchiengassociates.co.ke ; chepcheingassociates@gmail.com for more.
