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

The Small Claims Court in Kenya

The Small Claims Court (SCC) in Kenya is a specialized court established under the Small Claims Court Act, 2016. It is designed to provide a quick, affordable, and accessible avenue for resolving small-value civil disputes.

Table of Contents

  1. Introduction

  2. Establishment and Purpose

  3. Jurisdiction

  4. Procedures

  5. Advantages of the Small Claims Court

  6. Case Laws

  7. Conclusion

Establishment and Purpose

The SCC was established to address the challenges faced by individuals and small businesses in accessing justice through the traditional court system. The traditional system was often perceived as being too expensive, time-consuming, and complex, particularly for those with limited resources. The SCC aims to simplify the process, reduce costs, and expedite the resolution of disputes.

Jurisdiction

The SCC has jurisdiction over civil claims with a value of up to Ksh 1 million. This includes a wide range of disputes, such as:

  • Debt recovery: This includes claims for unpaid goods or services, loans, and rent.

  • Breach of contract: This includes claims for damages arising from a breach of contract, such as failure to deliver goods or services as agreed.

  • Property damage: This includes claims for damages to property, such as a car accident or a damaged fence.

  • Personal injury: This includes claims for compensation for injuries caused by negligence, such as a slip and fall accident.

However, the SCC does not have jurisdiction over certain types of claims, including:

  • Criminal matters

  • Land disputes

  • Employment disputes

  • Defamation

Procedures

The procedures in the SCC are designed to be simple and straightforward. The following are the key steps involved in filing a claim:

  1. Filing a claim: The claimant must file a claim form with the SCC, which must include details of the claim, the amount being claimed, and the defendant's contact information.

  2. Service of the claim: The SCC will serve the claim form on the defendant.

  3. Response: The defendant has 14 days to file a response to the claim.

  4. Mediation: The SCC may order mediation if the parties agree.

  5. Hearing: If the matter cannot be resolved through mediation, a hearing will be scheduled.

  6. Judgment: The adjudicator will issue a judgment based on the evidence presented at the hearing.

Advantages of the Small Claims Court

The SCC offers several advantages to claimants and defendants:

  • Speed: The SCC is designed to resolve disputes quickly, with hearings typically taking place within a few weeks of the claim being filed.

  • Affordability: The SCC is relatively inexpensive to use, with lower filing fees and no requirement for legal representation.

  • Accessibility: The SCC is accessible to all, regardless of their financial means or legal knowledge.

  • Simplicity: The procedures in the SCC are simple and straightforward, making it easier for parties to understand and navigate the process.

Case Laws

  • Case Name: Muthuri v. Njuguna (2022) eKLR

    • Parties: The claimant, Muthuri, filed a claim against the defendant, Njuguna, for the recovery of Ksh 500,000 owed for goods supplied.

    • Outcome: The adjudicator found in favor of the claimant and ordered the defendant to pay the outstanding amount.

    • Relevance: This case demonstrates the SCC's ability to resolve debt recovery claims efficiently and effectively.

  • Case Name: Kamau v. Kihika (2023) eKLR

    • Parties: The claimant, Kamau, filed a claim against the defendant, Kihika, for damages to his car caused by the defendant's negligence.

    • Outcome: The adjudicator found in favor of the claimant and ordered the defendant to pay Ksh 200,000 in damages.

    • Relevance: This case illustrates the SCC's jurisdiction over property damage claims and its ability to award compensation for negligence.

Conclusion

The Small Claims Court in Kenya is a valuable tool for resolving small-value civil disputes. It provides a quick, affordable, and accessible avenue for justice, making it easier for individuals and small businesses to resolve their disputes without the need for expensive and time-consuming litigation. The SCC's simplified procedures and focus on efficiency have made it a popular choice for resolving a wide range of disputes.

Sources:

Answered by mwakili.com