WHAT YOU NEED TO KNOW ABOUT THE SMALL CLAIMS COURT IN KENYA

The Small Claims Courts in Kenya can be said to have been set up by the Judiciary branch of government to help deal with the issue of too many cases being filed in the Magistrate’s Courts of Kenya. Without the Small Claims Court, the Magistrate’s Courts are usually overwhelmed with too many cases and this can result in backlogs and the overworking of Magistrates. The upshot of the above is that matters, take longer to be determined.

For quite some time, Kenyans have had the overwhelming feeling that some of their matters take too long to be concluded when filed in the Magistrate’s Cout. Unfortunately, at the moment, not all Court stations in the Country have a Small Claims Court, but the Judiciary, we believe, is still working tirelessly to ensure that each Court station has a Small Claims division. Below are some of the general important things you need to know about the Small Claims Court in Kenya.

     A.  JURISDICTION

Jurisdiction refers to the scope/limit or type of matters that a Court can entertain/handle or hear. Jurisdiction depends on the subject matter of the claim. It can be pecuniary, territorial, or appellate in nature. Small Claims Court matters are limited to claims where the value of the Claim sought does not exceed Kenya Shillings one million. Meaning that all Claims higher than Kshs. 1,000,000/- shall be filed in the Magistrate’s Court or High Court depending on the value of the Claim. The nature of the Claims should be civil in nature, including but not limited to, a contract for the sale and supply of goods or services, a contract relating to money held and received, etc

     B. TIMELINES

Small Claims Court matters are usually expected to be concluded within sixty (60) days but might in some instances take slightly longer than that. Be that as it may, the end goal is to ensure justice as opposed to merely concluding a matter.

     C. AFFORDABILITY

Filing a case in the Small Claims Court is quite affordable. The initial filing fees can range from Kshs. 200 to Kshs. 1,000/-, depending on the value of the Claim. Any subsequent filing is usually free.

     D. PROCEDURES

Whilst Section 17 of the Small Claims Act states that Small Claims Court in Kenya shall have or determine their own procedure, the same procedures have to observe the Rules of Natural Justice and are thus guided by the Small Claims Court Rules. It’s important to note that the Small Claims Court procedures/rules almost mirror the General Civil Procedure Codes followed and observed by the Magistrate’s Courts. For instance, once a party has filed his/her claim, the party shall be expected to serve his/her pleadings upon the other party (Respondent). Depending on whether or not the other party files a Response, the Small Claims Court will then direct parties on how to proceed. If a response is filed, parties can proceed with the hearing and determination of the matter, and in the absence of a Response, the Court can give directions depending on the nature of the Claim. Where the claim is a liquidated claim, Default Judgment may be granted.

     E. PROCEEDING BY WAY OF SECTION 30 (RELYING ON DOCUMENTS ONLY)

Proceeding by way of Section 30 is an alternative way of conducting a Hearing, where parties can choose to rely on the documents filed and let the Court decide without having to proceed with the oral trials or hearings. However, for parties to proceed by way of Section 30, the same has to be done by consent of parties, meaning that if one of the parties is not agreeable to proceeding by way of Section 30, then parties will have to proceed with an oral hearing.

      F. APPEALS

A party aggrieved by the decision of a Small Claims Court has a right of Appeal to the High Court of Kenya and the determination of the High Court shall be final. This essentially means that a party dissatisfied with the decision of the High Court Judge cannot proceed to the Court of Appeal.

DISCLAIMER: The above sentiments or opinions are not cast in stone, and should not be interpreted as legal advice and the Author herein shall not be held personally liable as the same is shared based on his personal experiences and not in his professional capacity as an Advocate of the High Court of Kenya.

N/B: Please note that the law is not always static and changes regularly. Make sure you seek professional legal advice.