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about small claims court kenya
Introduction
The Small Claims Court in Kenya is a specialized judicial body designed to handle minor civil disputes efficiently and cost-effectively. Established under the Small Claims Court Act, 2016, this court aims to enhance access to justice by providing a simplified and expedited process for resolving claims involving relatively small amounts of money. This response will delve into the establishment, jurisdiction, procedures, and impact of the Small Claims Court in Kenya, supported by relevant case laws and legal precedents.
Table of Contents
Establishment of the Small Claims Court
Jurisdiction of the Small Claims Court
Procedures in the Small Claims Court
Objectives and Impact of the Small Claims Court
Relevant Case Laws and Legal Precedents
Conclusion
TLDR
1. Establishment of the Small Claims Court
The Small Claims Court in Kenya was established under the Small Claims Court Act, 2016. This Act was assented to on April 1, 2016, and later amended by the Small Claims Court (Amendment) Act, 2020. The court was officially gazetted through Gazette Notice No. 3791 of 2021.
The establishment of the Small Claims Court is in line with Article 169(1)(d) of the Constitution of Kenya, 2010, which provides for the creation of subordinate courts by an Act of Parliament. The primary purpose of this court is to ensure the timely disposal of cases using the least expensive methods, while maintaining equality, fairness, and simplicity in the judicial process.
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2. Jurisdiction of the Small Claims Court
The Small Claims Court has a monetary jurisdiction of up to KES 1,000,000. This means that it can hear and determine civil claims where the value of the subject matter does not exceed this amount. The types of claims that fall within the jurisdiction of the Small Claims Court include:
Contractual disputes
Claims for the recovery of movable property
Claims for compensation for damage to property
Claims for the delivery of goods or services
It is important to note that the Small Claims Court does not have jurisdiction over personal injury claims arising from running down (road traffic) accidents, as established in the case of Ogwari v Hersi.
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3. Procedures in the Small Claims Court
The procedures in the Small Claims Court are designed to be simple, fast, and cost-effective. The process of filing a case in the Small Claims Court involves the following steps:
Filing a Claim: The claimant must file a statement of claim, which includes the details of the claim and the amount being claimed. The filing fees are structured based on the value of the claim, with fees ranging from KSh 200 to make legal proceedings affordable.
Service of Summons: Once the claim is filed, the court issues a summons to the defendant, requiring them to appear in court on a specified date.
Hearing: The hearing is conducted in an informal manner, and the parties are encouraged to represent themselves without the need for legal representation. The adjudicator (a magistrate) listens to both parties and examines any evidence presented.
Judgment: The court aims to deliver a judgment within 60 days from the date of filing the claim. The judgment is binding and enforceable as a decree of the court.
Appeals: Appeals from the Small Claims Court can be made to the High Court, but only on matters of law.
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4. Objectives and Impact of the Small Claims Court
The primary objectives of the Small Claims Court are to:
Enhance access to justice by providing a forum for the resolution of minor disputes
Reduce the backlog of cases in the mainstream courts
Promote the ease of doing business by providing a quick and efficient mechanism for resolving commercial disputes
The impact of the Small Claims Court has been significant in Kenya. Since its inception, the court has handled thousands of cases, providing a much-needed avenue for individuals and small businesses to resolve their disputes without the need for lengthy and expensive litigation.
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5. Relevant Case Laws and Legal Precedents
5.1 Ogwari v Hersi
Ogwari v Hersi is a landmark case that clarified the jurisdiction of the Small Claims Court concerning personal injury claims. In this case, the High Court ruled that the Small Claims Court does not have jurisdiction over personal injury claims arising from running down (road traffic) accidents. This decision was based on the interpretation of the Small Claims Court Act, which does not explicitly provide for such claims.
5.2 Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] eKLR
This case established the principle that jurisdiction is everything, and without it, a court must down its tools. Although not directly related to the Small Claims Court, this principle is crucial in determining the limits of the court's jurisdiction.
5.3 Mumira v Attorney General (Constitutional Petition E007 of 2020) [2022] KEHC 271 (KLR)
In this case, the High Court emphasized the importance of fair trial and fair administrative action in accordance with Articles 47 and 50 of the Constitution. This principle is relevant to the operations of the Small Claims Court, ensuring that the procedures adopted by the court adhere to constitutional standards.
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Conclusion
The Small Claims Court in Kenya plays a vital role in enhancing access to justice by providing a simplified and expedited process for resolving minor civil disputes. Established under the Small Claims Court Act, 2016, this court has a monetary jurisdiction of up to KES 1,000,000 and handles various types of claims, including contractual disputes and claims for the recovery of movable property. The procedures in the Small Claims Court are designed to be simple, fast, and cost-effective, ensuring that justice is accessible to all.
The impact of the Small Claims Court has been significant, reducing the backlog of cases in the mainstream courts and promoting the ease of doing business. Relevant case laws, such as Ogwari v Hersi, have further clarified the jurisdiction of the court, ensuring that its operations adhere to constitutional standards.
TLDR
The Small Claims Court in Kenya, established under the Small Claims Court Act, 2016, handles civil claims up to KES 1,000,000. It aims to provide a simplified, fast, and cost-effective process for resolving minor disputes. The court has significantly enhanced access to justice and reduced the backlog of cases in mainstream courts. Relevant case laws, such as Ogwari v Hersi, have clarified the court's jurisdiction, ensuring adherence to constitutional standards.
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Answered by mwakili.com