SOMEONE OWES ME SOME MONEY!- HOW SMALL CLAIMS COURT WORKS

A Small Claims Court is a specialized commercial court established by law to provide a legal resolution for minor financial matters. In accordance with the Small Claims Court Act of 2016, the Judiciary has put into operation the Small Claims Courts (SCCs).

The main reason behind establishing and activating these courts is to enhance accessibility to and the speedy delivery of justice. They offer a streamlined and cost-effective approach to handling civil and commercial disputes valued at no more than Kshs 1 million.

The establishment of this court is part of an initiative aimed at enhancing the ease of doing business in the country. This is achieved by reducing the time and cost involved in resolving commercial disputes.

The creation of the small claims court has also ensured that judicial services are accessible, inclusive, efficient, timely, and responsive to the specific needs of the ordinary citizen. Previously, high court fees, complicated procedures, and case delays created barriers to filling court cases, particularly for marginalized, or vulnerable individuals.

SCCs were initially introduced in twelve counties, including Nairobi, Kajiado, Kiambu, Uasin Gishu, Machakos & Makueni, Nyeri, Nakuru, Kakamega, Mombasa, Kisumu, and Meru Counties. By May 2023, they had successfully heard and resolved over 27,000 cases, with a total value of approximately Ksh 4.6 Billion. Cases at the small claims court on average take 53 days for case hearings and conclusions with the statutory time capped at 60 days.

As per Section 12 (1) of the Act, the Court has jurisdiction to determine civil claims relating to;

· Contract for sale and supply of good or services,

· Contract relating to money held or received,

· Liability in tort in respect of loss or damage caused to any property or for delivery or recovery of movable property,

· Compensation for personal injuries and;

· Set off and counterclaim under any contract.

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