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What is the small claims court and what does it do?
Introduction
The Small Claims Court in Kenya is a specialized court established to handle minor civil disputes efficiently and cost-effectively. It is designed to provide a simpler, quicker, and less expensive way to resolve disputes involving small amounts of money. The establishment and operation of the Small Claims Court are governed by the Small Claims Court Act, 2016, and other relevant legal provisions.
Table of Contents
Establishment and Jurisdiction
Legal Framework
Jurisdictional Limits
Functions and Powers
Types of Cases Handled
Powers of the Court
Procedures and Processes
Filing a Claim
Hearing and Determination
Advantages of the Small Claims Court
Cost-Effectiveness
Speed and Efficiency
Challenges and Limitations
Limited Jurisdiction
Enforcement of Judgments
Conclusion
1. Establishment and Jurisdiction
Legal Framework
The Small Claims Court in Kenya is established under the Small Claims Court Act, 2016. The Act provides the legal basis for the creation, jurisdiction, and functioning of the Small Claims Court.
Small Claims Court Act, 2016: This Act outlines the establishment, jurisdiction, and procedures of the Small Claims Court. It aims to provide a simpler and more accessible judicial process for small claims.
Jurisdictional Limits
The jurisdiction of the Small Claims Court is limited in terms of the monetary value of the claims it can handle and the types of cases it can adjudicate.
Monetary Jurisdiction: According to Section 12 of the Small Claims Court Act, 2016, the court has jurisdiction to hear and determine claims whose value does not exceed Ksh 1,000,000.
Types of Cases: The court handles civil claims relating to:
Contracts for the sale and supply of goods or services.
Claims for money owed.
Claims for damages.
Claims for the recovery of movable property.
Any other civil claims as may be prescribed by the Chief Justice.
2. Functions and Powers
Types of Cases Handled
The Small Claims Court is designed to handle specific types of civil disputes that fall within its jurisdictional limits. These include:
Contractual Disputes: Disputes arising from contracts for the sale and supply of goods or services.
Debt Recovery: Claims for money owed, including loans and unpaid invoices.
Damages: Claims for compensation for loss or injury.
Recovery of Movable Property: Claims for the return of personal property.
Powers of the Court
The Small Claims Court has several powers to ensure the effective resolution of disputes:
Summoning Witnesses: The court can summon witnesses to provide evidence.
Issuing Orders: The court can issue orders for the payment of money, the return of property, or the performance of specific actions.
Enforcement: The court's orders are enforceable in the same manner as those of other courts.
3. Procedures and Processes
Filing a Claim
The process of filing a claim in the Small Claims Court is designed to be straightforward and accessible:
Claim Form: The claimant must complete a prescribed claim form, providing details of the claim and the parties involved.
Filing Fee: A nominal filing fee is required, which is generally lower than in other courts.
Service of Documents: The court ensures that the claim form and any supporting documents are served on the defendant.
Hearing and Determination
The hearing and determination process in the Small Claims Court is designed to be quick and efficient:
Hearing Date: A hearing date is set within a short period, usually within 30 days of filing the claim.
Informal Proceedings: The court adopts an informal approach to proceedings, allowing parties to represent themselves without the need for legal representation.
Judgment: The court aims to deliver judgment on the same day as the hearing or within a few days thereafter.
4. Advantages of the Small Claims Court
Cost-Effectiveness
Lower Costs: The filing fees and other costs associated with the Small Claims Court are generally lower than those in other courts.
No Legal Representation Required: Parties can represent themselves, reducing the need for legal fees.
Speed and Efficiency
Quick Resolution: The court aims to resolve disputes within a short period, usually within 60 days from the date of filing.
Simplified Procedures: The informal and simplified procedures make the process quicker and more accessible.
5. Challenges and Limitations
Limited Jurisdiction
Monetary Limit: The court can only handle claims up to Ksh 1,000,000, which may exclude some disputes.
Types of Cases: The court's jurisdiction is limited to specific types of civil claims, excluding criminal cases and more complex civil disputes.
Enforcement of Judgments
Enforcement Mechanisms: While the court's orders are enforceable, the actual enforcement process may still face challenges, such as locating assets or ensuring compliance by the losing party.
6. Conclusion
The Small Claims Court in Kenya plays a crucial role in providing an accessible, efficient, and cost-effective means of resolving minor civil disputes. Established under the Small Claims Court Act, 2016, it handles claims up to Ksh 1,000,000 and focuses on specific types of civil disputes. The court's simplified procedures and informal approach make it an attractive option for individuals and small businesses seeking quick and affordable justice. However, its limited jurisdiction and potential challenges in enforcing judgments highlight the need for ongoing improvements to ensure its effectiveness.
By understanding the functions, powers, and processes of the Small Claims Court, individuals and businesses can better navigate the legal system and seek appropriate remedies for their disputes.
Answered by mwakili.com