- Operations of the court began on April 26 at the Milimani law courts in Nairobi.
- The court has to hear and determine a matter within 60 days from the date it was instituted.
Image: JUDICIARY
Chief Justice Martha Koome has established 11 small claims courts that will handle financial disputes not exceeding Sh1 million.
In a gazette notice dated December 10, Koome established the courts in Eldoret, Kajiado, Kakamega, Kisumu, Machakos, Meru, Mombasa, Naivasha, Nakuru, Nyeri and Thika,
The small claims court was established by the Small Claims Act 2016, which was amended by the Small Claims Court (Amendment) Act, 2020.
Operations of the court began on April 26 at the Milimani law courts in Nairobi. In one month since its establishment, the court had heard and determined more than 400 cases.
The main objective of the court is to guarantee the right of access to justice through timely disposal of proceedings and use of the least expensive method.
The courts seeks to offer equal opportunity to access judicial services, reduce case backlog and promote administration of justice.
The courts are expected to increase the ease of doing business in Kenya as long as one has a valid contract.
The courts determine any civil claims relating to contracts for sale and supply of goods and services, money held and received, set offs and counterclaims on contractual claims, liability in torts involving damage and compensation for personal injuries.
Proceedings are carried out in a timely manner manner with deadlines and to their conclusion.
Section 34 provides that all proceedings shall be heard and determined on the same day or on a day-to-day basis until final determination.
The court has to hear and determine a matter within 60 days from the date it was instituted.
The courts are a relief to small and medium enterprises and content creators who struggle to get paid once work is done and delivered to their clients, through delay and or denial.
The small claims court are also expected to come to their aid and assist the resolution of non-payment for service delivery,whilst protecting legal and economic rights in contracts.
Appeals are lodged with the High Court, whose determination shall be final.
Proceedings are not stringently tied down by the Civil Procedure Rules, 2010 or any other procedural law including Evidence Law.
A party can appear in court in person or through a representative who need not be an advocate of the High Court.
Koome established the courts under authority conferred by Section 4 (2) of the Small Claims Court Act, 2016.
(Edited by V. Graham)