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How can I get assistance form a small claims court in Kenya?
Introduction
The Small Claims Court in Kenya is a subordinate court established under the Small Claims Court Act, 2016. It is designed to handle minor civil disputes in a simplified, cost-effective, and expeditious manner. This court is particularly beneficial for individuals and small businesses seeking to resolve disputes involving relatively small amounts of money without the need for lengthy and expensive litigation.
Table of Contents
Overview of the Small Claims Court
Jurisdiction and Types of Cases Handled
Procedures for Filing a Claim
Costs and Fees
Case Laws
Conclusion
Sources
1. Overview of the Small Claims Court
The Small Claims Court was established to enhance access to justice by providing a platform for the quick resolution of minor disputes. It operates under the principles of fairness, equality, and simplicity of procedure, ensuring that justice is accessible to all, especially those who may not afford the high costs associated with traditional court processes.
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2. Jurisdiction and Types of Cases Handled
The Small Claims Court has jurisdiction over civil claims where the value does not exceed KSh 1,000,000. The types of cases typically handled include:
Claims for the recovery of money
Claims for movable property
Compensation for personal injuries
Contractual disputes
The court does not handle criminal cases, family law matters, or disputes involving land ownership.
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3. Procedures for Filing a Claim
Step-by-Step Process
Determine Eligibility: Ensure that your case qualifies for the Small Claims Court, particularly in terms of the monetary value and type of dispute.
Prepare Your Claim: Gather all relevant documents and evidence to support your claim. This may include contracts, receipts, invoices, and any correspondence related to the dispute.
Filing the Claim: Visit the nearest Small Claims Court and fill out the necessary forms. You will need to provide details of the claim, including the amount being claimed and the basis for the claim.
Service of Summons: Once the claim is filed, the court will issue a summons to the defendant, informing them of the claim and the date of the hearing.
Hearing: Both parties will present their cases before the adjudicator. The process is informal, and parties can represent themselves without the need for legal representation.
Judgment: The adjudicator will make a decision based on the evidence presented. The judgment is binding and enforceable.
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4. Costs and Fees
The filing fees for cases in the Small Claims Court are structured to be affordable, with fees ranging from KSh 200 to KSh 1,000, depending on the value of the claim. This cost-effective approach ensures that individuals and small businesses can access justice without incurring prohibitive expenses.
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5. Case Laws
Relevant Case Laws
Ndaba v Olkejuado County Council & 2 others (Environment and Land Case Civil Suit 182 of 2010) [2022] KEELC 13314 (KLR) (22 September 2022) (Ruling)
Relevance: This case highlights the court's approach to resolving disputes involving small claims and the importance of adhering to procedural rules.
Outcome: The court ruled in favor of the plaintiff, emphasizing the need for timely and fair resolution of disputes.
NABK v JSZ (Family Appeal 32 of 2022) [2023] KEHC 20466 (KLR) (12 July 2023) (Judgment)
Relevance: Although a family appeal, this case underscores the judiciary's commitment to expeditious and fair adjudication, principles that are also central to the Small Claims Court.
Outcome: The appeal was dismissed, reinforcing the lower court's decision.
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Conclusion
The Small Claims Court in Kenya provides an accessible, efficient, and cost-effective means for individuals and small businesses to resolve minor civil disputes. By simplifying procedures and reducing costs, the court ensures that justice is within reach for all Kenyans, thereby enhancing the overall efficiency of the judicial system.
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Answered by mwakili.com