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How can I get assistance form a small claims court in Kenya?
Introduction
In Kenya, the Small Claims Court is designed to provide a simpler, faster, and more cost-effective way to resolve disputes involving small monetary amounts. This court is governed by the Small Claims Court Act, 2016, and its jurisdiction is limited to claims not exceeding Ksh 1,000,000. This guide will provide a detailed explanation of how you can get assistance from a Small Claims Court in Kenya.
Table of Contents
Legal Framework
1.1 Small Claims Court Act, 2016
1.2 Jurisdiction and Monetary Limits
Types of Claims
2.1 Monetary Claims
2.2 Contractual Disputes
2.3 Tortious Claims
Filing a Claim
3.1 Eligibility
3.2 Required Documents
3.3 Filing Procedure
Court Procedures
4.1 Preliminary Hearing
4.2 Mediation
4.3 Hearing and Judgment
Enforcement of Judgments
5.1 Execution of Orders
5.2 Appeals
Costs and Fees
6.1 Filing Fees
6.2 Other Costs
Conclusion
1. Legal Framework
1.1 Small Claims Court Act, 2016
The Small Claims Court in Kenya operates under the Small Claims Court Act, 2016. This Act provides the legal framework for the establishment, jurisdiction, and functioning of the Small Claims Court.
Source: Small Claims Court Act, 2016
1.2 Jurisdiction and Monetary Limits
The Small Claims Court has jurisdiction over civil claims where the value does not exceed Ksh 1,000,000. The court deals with matters such as:
Claims relating to contracts for the sale and supply of goods or services.
Claims for money owed under a contract.
Claims for damages for personal injuries.
Claims for compensation for loss or damage to property.
Source: Section 12, Small Claims Court Act, 2016
2. Types of Claims
2.1 Monetary Claims
Monetary claims involve disputes where one party seeks a specific sum of money from another party. These can include unpaid debts, loans, or other financial obligations.
Source: Section 12(a), Small Claims Court Act, 2016
2.2 Contractual Disputes
Contractual disputes arise from disagreements over the terms, performance, or breach of a contract. This can include contracts for the sale of goods, provision of services, or lease agreements.
Source: Section 12(b), Small Claims Court Act, 2016
2.3 Tortious Claims
Tortious claims involve civil wrongs that cause harm or loss to another party. This can include claims for personal injury, property damage, or defamation.
Source: Section 12(c), Small Claims Court Act, 2016
3. Filing a Claim
3.1 Eligibility
To file a claim in the Small Claims Court, you must be:
An individual or a legal entity (e.g., a company).
The claim must fall within the jurisdiction and monetary limits of the court.
Source: Section 12, Small Claims Court Act, 2016
3.2 Required Documents
When filing a claim, you will need to provide:
A completed claim form (Form 1).
Copies of any relevant contracts, agreements, or documents.
Evidence supporting your claim (e.g., receipts, invoices, photographs).
Source: Section 15, Small Claims Court Act, 2016
3.3 Filing Procedure
The procedure for filing a claim involves:
Obtaining and completing the claim form from the court registry.
Submitting the completed form along with the required documents to the court registry.
Paying the applicable filing fee.
Source: Section 16, Small Claims Court Act, 2016
4. Court Procedures
4.1 Preliminary Hearing
Once a claim is filed, the court will schedule a preliminary hearing to:
Review the claim and supporting documents.
Determine if the case is suitable for mediation.
Set a date for the main hearing if mediation is not appropriate.
Source: Section 19, Small Claims Court Act, 2016
4.2 Mediation
The court may refer the parties to mediation to attempt to resolve the dispute amicably. If mediation is successful, the mediator will prepare a settlement agreement for the parties to sign.
Source: Section 20, Small Claims Court Act, 2016
4.3 Hearing and Judgment
If mediation is unsuccessful, the case will proceed to a hearing. During the hearing:
Both parties will present their evidence and arguments.
The court will consider the evidence and make a judgment.
The judgment will be delivered within 60 days of the hearing.
Source: Section 21, Small Claims Court Act, 2016
5. Enforcement of Judgments
5.1 Execution of Orders
If the court issues a judgment in your favor, you can apply for the execution of the order. This may involve:
Garnishment of wages or bank accounts.
Seizure and sale of the debtor's property.
Source: Section 24, Small Claims Court Act, 2016
5.2 Appeals
Parties have the right to appeal a decision of the Small Claims Court to the High Court. The appeal must be filed within 30 days of the judgment.
Source: Section 38, Small Claims Court Act, 2016
6. Costs and Fees
6.1 Filing Fees
The filing fee for a claim in the Small Claims Court is relatively low to ensure accessibility. The exact fee may vary, so it is advisable to check with the court registry.
Source: Section 17, Small Claims Court Act, 2016
6.2 Other Costs
Other costs may include:
Service fees for serving documents on the other party.
Costs of obtaining copies of documents or evidence.
Source: Section 18, Small Claims Court Act, 2016
Conclusion
The Small Claims Court in Kenya provides an accessible and efficient way to resolve disputes involving small monetary amounts. By understanding the legal framework, types of claims, filing procedures, court processes, and costs involved, you can effectively navigate the system to seek justice. Always ensure that you have all the necessary documents and evidence to support your claim, and consider seeking legal advice if needed.
Answered by mwakili.com