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small claims court forms kenya
Introduction
The Small Claims Court in Kenya is a specialized judicial body established to handle minor civil disputes involving small amounts of money. This court aims to provide a quick, affordable, and efficient means of resolving disputes without the complexities and costs associated with higher courts. The establishment and operation of the Small Claims Court are governed by the Small Claims Court Act, 2016, and its subsequent amendments. This response will provide a comprehensive overview of the Small Claims Court, including the forms required, the process of filing a claim, and relevant case laws.
Table of Contents
Overview of the Small Claims Court
Jurisdiction and Scope
Filing a Claim
Obtaining the Claim Form
Completing the Claim Form
Submitting the Claim Form
Relevant Case Laws
Conclusion
TLDR
1. Overview of the Small Claims Court
The Small Claims Court in Kenya was established under the Small Claims Court Act, 2016, which was assented to on April 1, 2016. The court is designed to handle judicial matters involving small amounts of money, typically not exceeding KSh 1 million. The primary objective of the Small Claims Court is to enhance access to justice by providing a simplified and expedited process for resolving minor disputes.
The court operates as a subordinate court within the Kenyan judicial system, pursuant to Article 169(1)(d) of the Constitution of Kenya. It is intended to reduce the backlog of cases in higher courts and provide a more accessible forum for individuals and small businesses to resolve their disputes.
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2. Jurisdiction and Scope
The jurisdiction of the Small Claims Court is limited to civil claims involving amounts not exceeding KSh 1 million. The types of cases that can be heard by the Small Claims Court include:
Contract disputes
Claims for the recovery of movable property
Claims for compensation for damage to property
Claims for the delivery of goods or services
The court does not have jurisdiction over criminal matters, family law matters, or disputes involving land ownership.
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3. Filing a Claim
Obtaining the Claim Form
To file a claim in the Small Claims Court, the first step is to obtain the claim form. This can be done in two ways:
Visit the nearest Small Claims Court: Claim forms are available at the registry of any Small Claims Court.
Download the form online: The Judiciary of Kenya provides downloadable claim forms on its official website.
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Completing the Claim Form
Once you have obtained the claim form, you need to fill it out accurately and completely. The form requires the following information:
Names and addresses of the claimant and respondent: Ensure that the names and addresses are correctly spelled and up-to-date.
Nature of the claim: Provide a brief description of the claim, including the amount of money involved and the basis of the claim (e.g., breach of contract, recovery of debt).
Supporting documents: Attach any relevant documents that support your claim, such as contracts, receipts, invoices, or correspondence.
It is crucial to provide accurate and detailed information to avoid any delays or complications in the processing of your claim.
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Submitting the Claim Form
After completing the claim form, you need to submit it to the registry of the Small Claims Court. There is a filing fee associated with submitting a claim, which varies based on the value of the claim. The fees are structured to make legal proceedings affordable, with fees ranging from KSh 200.
Once the claim form is submitted, the court will schedule a hearing date. The respondent will be served with a notice of the claim and the hearing date. Both parties are required to attend the hearing, where the adjudicator will listen to the evidence and make a determination.
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4. Relevant Case Laws
Case Law 1: Hassan Huri & Another vs. Jephet Mwakala [2015] eKLR
Parties: Hassan Huri & Another (Appellants) vs. Jephet Mwakala (Respondent)
Outcome: The appellate court emphasized the importance of adhering to procedural rules and timelines in judicial proceedings. This case highlights the necessity for parties to comply with the rules of the Small Claims Court to ensure a fair and efficient resolution of disputes.
Relevance: This case underscores the importance of following the procedural requirements when filing a claim in the Small Claims Court, including the accurate completion and timely submission of claim forms.
Source: Kenya Law Reports ↗
Case Law 2: Margaret Njoki Mugiri vs. Barclays Bank of Kenya Ltd [2016] eKLR
Parties: Margaret Njoki Mugiri (Appellant) vs. Barclays Bank of Kenya Ltd (Respondent)
Outcome: The court reiterated the principle that parties must present their evidence and arguments within the framework of the established rules and procedures. The court's decision reinforced the need for parties to be diligent and precise in their submissions.
Relevance: This case is relevant to the Small Claims Court as it highlights the importance of presenting a well-prepared and substantiated claim, supported by relevant documents and evidence.
Source: Kenya Law Reports ↗
Case Law 3: Civil Case E261 of 2019
Parties: Not specified
Outcome: The court emphasized that judicial processes must be fair, just, and certain. The court must not provide cover to parties who exhibit scant respect for rules and timelines.
Relevance: This case is pertinent to the Small Claims Court as it reinforces the principle that parties must adhere to the procedural rules and timelines to ensure a fair and expeditious resolution of disputes.
Source: Kenya Law Reports ↗
Conclusion
The Small Claims Court in Kenya provides an accessible and efficient forum for resolving minor civil disputes involving amounts not exceeding KSh 1 million. By simplifying the judicial process and reducing costs, the court aims to enhance access to justice for individuals and small businesses. To file a claim, it is essential to obtain and accurately complete the claim form, attach supporting documents, and submit the form to the court registry. Adhering to procedural rules and timelines is crucial to ensure a fair and expeditious resolution of disputes.
TLDR
The Small Claims Court in Kenya handles civil disputes involving amounts not exceeding KSh 1 million. To file a claim, obtain and complete the claim form, attach supporting documents, and submit it to the court registry. Adhering to procedural rules and timelines is essential for a fair resolution.
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Answered by mwakili.com