Navigating the Small Claims Court: A Guide to Quick and Affordable Justice

Do you have a claim worth Ksh 1,000,000/- or less against another person or company? Are you looking for a quick and simplified court recovery process, and to represent yourself in court? If so, you can file your claim at the Small Claims Court. 

The Small Claims Court is a specialised court established under the Small Claims Court Act, 2016 to provide a simplified, efficient, and cost-effective avenue for resolving minor disputes. It aims to promote access to justice for individuals and businesses by expediting the resolution of small claims.

The Small Claims Court handles disputes involving amounts not exceeding Kshs. 1,000,000. It has jurisdiction over:

1. Civil claims relating to contracts, torts, and personal injuries.

2. Claims for movable property or damages caused by their wrongful handling.

3. Liabilities under contract for goods or services provided.

Notably, the court does not deal with matters concerning land ownership, defamation, or cases requiring the enforcement of equitable reliefs like injunctions.

Procedure in the Small Claims Court

1. Filing a Claim

To initiate a case, the claimant files a statement of claim at the court. The claim should include a summary of the dispute, the amount in contention, and any relevant evidence. Filing fees are minimal to ensure affordability.

2. Service of Summons

Once the claim is filed, the court issues summons to the respondent (the opposing party). The summons, along with the statement of claim, must be served within seven days of issuance.

3. Hearing Date

The court sets a hearing date, usually within 14 days of filing the claim. The Small Claims Court is designed to handle cases swiftly, aiming to conclude matters within 60 working days from the date of filing.

4. Hearing and Presentation of Evidence

Both parties present their case before the adjudicator, who is magistrate. The process is informal, and parties may represent themselves without the need for legal counsel. Witnesses and documentary evidence can be presented to support claims.

5. Judgement

After considering the evidence, the court delivers its judgement on the same day or within a short period thereafter. The judgement is binding and enforceable as a decree of the magistrate's court.

6. Appeals and Reviews

Appeals against decisions of the Small Claims Court are limited. They can only be made on grounds of procedural irregularities or bias and must be filed within 30 days.

Advantages of the Small Claims Court

Cost-Effectiveness: Filing and court fees are affordable.

Efficiency: Cases are resolved within a short timeframe, ensuring minimal delays.

Accessibility: The informal nature of the court process allows parties to represent themselves.

Promotes Justice: The court ensures fairness by focussing on facts and evidence rather than technicalities.

The Small Claims Court has transformed the justice system in Kenya by offering a quick and accessible solution for resolving minor disputes. Its straightforward procedures encourage individuals and small businesses to seek redress without fear of lengthy and costly legal battles.