Acting Chief Justice Philomena Mwilu on Monday launched the first small claims court that will handle commercial disputes with a monetary value of less than Sh1 million.
Speaking during the launch at the Milimani Commercial Courts, Mwilu said the Judiciary will be rolling out the claims court to other locations across the country but they will need financial support.
She told CS Industrialization Adan Mohamed who was present at the launch that they will require financial resources for physical infrastructure to house the courts and registries, personnel to man the courts, and equipment to facilitate their operations.
“The Judiciary will continue to engage our partners in the Executive, Parliament and in the County Governments in this regard so as to deepen our constructive engagements for our mutual benefit and that of the people we are honoured and privileged to serve,” she said.
Law Society of Kenya Nelson Havi who was also present told the CS that the Judiciary needs to be funded for the newly established court to thrive. Havi said the financial resources will go into creating infrastructure and for a registry in each county where the small courts will be domiciled.
Havi also took note of how the swearing in of the pioneer adjudicators of the small claims courts was seamless. “We may need to see ways in which we may amend the constitution to ensure that when judges are appointed you can be sworn in a manner that does not invite oppression so that we are not limited in capacity,” he said.
The Small Claims Courts according to Mwilu will be key to enhancing access to justice both directly, in terms of the expeditious determination of relevant matters; but also, importantly, in terms of reducing the caseload in the Magistrates’ Courts.
More than 50% of the civil matters filed at Milimani Commercial Courts, amongst the busiest courts in the country, fall within the jurisdiction of the Small Claims Courts.
The court was gazetted through notice number 3791 of 2021 by the Acting Chief Justice Philomena Mwilu on April 23 this year. Three adjudicators and an Acting Registrar have also been gazetted to the court. On Monday, Brenda Jaluha, Susan Gitonga and Judith Omollo took oath of office as the first pioneers who will oversee the small claims courts in Nairobi.
The Small Claims Act 2016 requires that all proceedings before a Small Claims Court on any particular day are to be heard and determined on the same day or on a day-to-day basis until final determination. Judgment should then be delivered on the same day or not later than three days from the date of the hearing. The Courts may also only adjourn the hearing of any matter under exceptional circumstances which circumstances must be recorded by the court. At any rate the Act now requires that matters be determined within sixty days of filingbut Mwilu urged the adjudicators to work on finishing the matters within three days.
The courts according to Mwilu also have jurisdiction to determine any civil claim relating to a contract for sale and supply of goods and services, a contract relating to money held and received, compensation for personal injuries among others.
A claim in addition cannot be brought before the small claims court if proceedings relating to that claim are pending in or have been heard and determined by any other court. A higher court may transfer a claim to the small claims court.
The small claims court can also not hear claims where the cause of action is founded upon defamation, libel, slander, malicious prosecution or upon a dispute over a title to or possession of land, or a matter concerning employment and labor relations.
