Sister for Justice executive director Naila Abdallah [C] and Mombasa Small Claims Court magistrate Wangeci Mwangi [L] unveil the report on Friday in Nyali / BRIAN OTIENO
Sister for Justice executive director Naila Abdallah and Mombasa Small Claims Court magistrate Wangeci Mwangi unveil the report on Friday in Nyali / BRIAN OTIENO
For three years, Nancy Kananu, a trader selling vegetables and fruit at Kongowea Market in Mombasa, struggled to recover money she had lent to a fellow trader.
She had advanced him Sh90,000 to boost his business.
"At Kongowea, we survive on credit. Everyone owes someone money because you cannot survive on your own," Kananu said on Friday during the launch of the Small Claims Court Evaluation Report 2026 by Sisters for Justice, a lobby group, in Nyali.
Kananu began lending the trader money in 2021. He repaid consistently until 2023, when he borrowed Sh90,000. He later repaid only Sh20,000 before repeatedly avoiding her calls and text messages.
One day, she attended a Sisters for Justice awareness meeting at the market. The following day, she sought their help to file a case at the Small Claims Court. Fortunately, she had kept records of all the transactions.
"I did not know it would be that easy because they helped me file the case online. We have appeared in court twice for mention. Yesterday was the second appearance," she said.
"He has now agreed to repay the balance in two instalments after the court's intervention. The first payment will be made at the end of this month and the second at the end of next month."
Kananu said many traders are closely following her case to see whether the court delivers results.
"They also ask me how much I spent on the case. I tell them I paid only Sh200 through the Judiciary," she said.
Leah Rajab has had a similar experience. In 2021, while working in Qatar, she lent Sh60,000 to a fellow Kenyan, who was also her neighbour in Bakarani, Nyali. The woman said she needed the money for her fare back to Kenya.However, when Rajab returned to Kenya nine months later, the borrower denied ever receiving the money.
The matter was reported to the area chief, where the debtor agreed to repay the money after returning to Qatar for work. Instead, she repaid only Sh6,000 before blocking Rajab, the chief and anyone else trying to contact her.
Her family also declined to discuss the matter.
In May, Rajab filed a case at the Small Claims Court with support from Sisters for Justice.
Sisters for Justice executive director Naila Abdallah said the Small Claims Court has significantly improved access to justice as more Mombasa residents embrace it.
She said the four-year-old court has become an effective way of resolving small financial disputes through collaboration between the Judiciary and civil society.
"Mombasa residents are slowly turning to the court to settle disputes, reducing the Judiciary's case backlog while easing the burden on chiefs and assistant chiefs," Abdallah said.
However, she noted that many people still doubt cases can be resolved within 60 days.
She said lack of evidence remains a major challenge because many disputes involve trusted friends or business partners who conduct transactions without documentation.
"We thank partners like the UNDP, through the Netherlands Embassy, who have supported organisations like ours in helping people pursue such cases," Abdallah said.
According to the report, more than five million people have learnt about the Small Claims Court through the organisation's public awareness initiatives.
"We have also reached about 1,067 people at the grassroots in Mombasa who have filed cases and 117 of those cases have already been concluded," Abdallah said.
Mombasa Small Claims Court Magistrate Wangeci Mwangi said the court was established on June 8, 2022.
Since then, about 7,700 cases have been filed in Mombasa, with more than 7,300 determined.
"This translates to a clearance rate of about 95 per cent. We have also released more than Sh1 billion back into the economy," Mwangi said.
She said the court was established under the vision of Chief Justice Martha Koome but still requires greater public awareness.
"The people we intend to serve may not know this court exists. That is why organisations such as Sisters for Justice play an important role in creating awareness," she said.
Mwangi said the partnership has led to a significant increase in the number of cases filed, helping recover more money for individuals and businesses.
She said the court handles disputes involving claims of up to Sh1 million and resolves cases within a maximum of 60 days.
Most litigants, she noted, have never interacted with the court system before. Although many initially find the process intimidating, they gain confidence once they understand how it works.
Mwangi said the court also promotes mediation and alternative dispute resolution.
"If we feel parties can agree, we refer them to mediation or allow them to negotiate. Once an agreement is recorded and adopted by the court, it becomes a court order," she said.
If either party fails to honour the agreement, execution proceedings may follow.
The magistrate said the court handles disputes involving contracts for the sale and supply of goods and services, money held and received, as well as related counterclaims and set-offs.
"A lot of commercial activities revolve around such agreements," she said.
Mwangi added that many people had previously avoided court because they believed they could not afford legal representation.
"The Small Claims Court has changed that. You do not need a lawyer because you can represent yourself. Our procedures are simple. You fill in a form, file it and explain your case just as you would tell a story," she said.
She added that filing fees range from Sh200 to a maximum of Sh1,000, even for claims worth Sh1 million.
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