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What is the small claims court and what does it do?

Introduction

The Small Claims Court is a specialized court in Kenya designed to provide a quick, affordable, and accessible forum for resolving minor disputes. This court aims to simplify the legal process for individuals and businesses with small claims, reducing the cost and complexity of traditional court proceedings.

Table of Contents

1. What is the Small Claims Court? 1.1. Purpose and Objectives 1.2. Jurisdiction

2. Procedure in the Small Claims Court 2.1. Filing a Claim 2.2. Service of the Claim 2.3. Hearing and Determination 2.4. Enforcement of Judgment

3. Advantages of the Small Claims Court

4. Conclusion

1. What is the Small Claims Court?

1.1. Purpose and Objectives

The Small Claims Court was established under the Small Claims Courts Act, 2016 (Act No. 10 of 2016) to provide a simplified and efficient mechanism for resolving minor disputes. The primary objectives of the court are:

• To provide a quick and inexpensive forum for resolving small claims.

• To simplify the procedures and reduce the technicalities of litigation.

• To make justice accessible to all, particularly those who may not have the resources to engage in traditional court proceedings.

• To promote the use of alternative dispute resolution mechanisms.

1.2. Jurisdiction

The Small Claims Court has jurisdiction to hear and determine claims that do not exceed Ksh. 1,000,000 (One Million Kenyan Shillings). The court's jurisdiction extends to a wide range of matters, including:

• Contractual disputes: This includes claims arising from breaches of contracts for goods, services, or employment.

• Torts: This includes claims for negligence, defamation, trespass, and other civil wrongs.

• Recovery of debts: This includes claims for unpaid loans, rent, or other financial obligations.

• Property disputes: This includes claims for possession of land or other property.

• Consumer protection: This includes claims for defective goods or services.

2. Procedure in the Small Claims Court

2.1. Filing a Claim

A person wishing to file a claim in the Small Claims Court must file a Claim Form with the court. The Claim Form must contain the following information:

• The names and addresses of the parties involved.

• A brief statement of the claim.

• The amount of money being claimed.

• The evidence supporting the claim.

2.2. Service of the Claim

Once the Claim Form is filed, the court will serve it on the defendant. The defendant has 14 days from the date of service to file a Defence Form with the court. The Defence Form must contain the defendant's response to the claim.

2.3. Hearing and Determination

The court will schedule a hearing for the case. At the hearing, both parties will have the opportunity to present their evidence and arguments. The court will then make a determination based on the evidence presented.

2.4. Enforcement of Judgment

If the court finds in favor of the claimant, the judgment will be enforced by the court. The court may order the defendant to pay the amount of money claimed, or to perform other actions as specified in the judgment.

3. Advantages of the Small Claims Court

The Small Claims Court offers several advantages over traditional court proceedings, including:

• Simplified procedures: The procedures in the Small Claims Court are much simpler and less technical than those in traditional courts.

• Reduced costs: The fees associated with filing a claim in the Small Claims Court are significantly lower than those in traditional courts.

• Faster resolution: Cases in the Small Claims Court are typically resolved much faster than those in traditional courts.

• Accessibility: The Small Claims Court is accessible to all, regardless of their financial resources or legal expertise.

4. Conclusion

The Small Claims Court is an important part of the Kenyan legal system, providing a quick, affordable, and accessible forum for resolving minor disputes. The court's simplified procedures, reduced costs, and faster resolution times make it an attractive option for individuals and businesses with small claims. The court's focus on accessibility ensures that justice is available to all, regardless of their financial resources or legal expertise.