By Mumbi Mutoko
The Small Claims Court hears civil matters involving modest claims for monetary relief, generally for sums under Sh1 million. For settling minor conflicts, the court offers a relatively informal, speedy, and affordable substitute to the conventional court system.
It allows people to represent themselves in court and get a just resolution to their disputes without having to hire attorneys or pay hefty legal expenses. To enhance access to justice, the court allows local dialects. Also, it provides services required by people with disabilities, such as allowing the use of braille by visually impaired individuals.
The Civil Procedure Act and the Small Claims Procedures Act apply to how the small claims court conducts business. The Small Claims Courts Act of 2006 established the courts, which are a part of Kenya’s Magistrate’s Courts system. They deal with various legal problems, such as compensation claims, contract disputes, and debt recovery.
An individual or corporation must complete a claim form and pay a filing fee before launching a case in the Small Claims Court. The claim form must contain the claimant’s and defendant’s names and addresses and a summary of the disagreement. The cost of submitting a claim varies depending on how much money is sought after, although it is typically quite minimal.
The fee paid ranges from Sh10 to Sh1,000. According to the gazette notification, only commercial disputes with a subject worthy of no more than Sh1,000,000 would be exempt from filing fees. The remaining cases will be subject to filing fees.
A copy of the claim form is sent to the defendant by the court once a claim has been made, giving them time to react. The court could grant the claimant a default judgment if the defendant doesn’t answer within time.
The court then sets a hearing date after it has received a response. Notably, the parties are not obliged to be represented by lawyers, and the hearing is typically conducted in an informal atmosphere. For people and small enterprises, this makes the procedure less scary and more justice a reality to many Kenyans who have not mastered the language used by attorneys in the corridors of justice.
The parties will present their arguments and supporting evidence during the hearing. After that, the judge will decide based on the evidence presented. The judge will often render a written decision that is conclusive for both parties.
Small Claims Courts only handle civil claims enumerated under Section 12 (1) of the Small Claims Act. These matters include; claims whose cause of action is founded upon defamation, libel, slander, malicious prosecution, divorce, or dispute over a title to or possession of land or a matter concerning employment and labour relations.
In seeking justice, Kenyans also question if the court orders will be adhered to by the respondent in a matter filed before the Small Claims Court. The Judiciary states that when the court enters a judgement for the claimant and orders the remedy requested in the statement of claim if the respondent fails to respond to the claim within the allotted time limit and the court is satisfied that the respondent has been properly served.
The Court may enter judgement for the claimant and order the remedy requested in the statement of claim if the respondent fails to respond to the claim within the allotted time limit and the court is satisfied that the respondent has been properly served.
The respondent is required, within 15 days of service of the claim by the claimant, to satisfy the lawsuit directly to the claimant, and the claimant should report this to the court. The respondent is also required to admit the whole or any part of the claim, and the Court will record the entrance as an order of the Court in favour of the claimant. Notably, if there is part admission, the court may move to decide any part of the claim that is denied.
Further, the respondent may choose to deny, claim a set-off, or counterclaim. They may move ahead and apply to join a 3rd party or request the court to transfer the proceedings to another court. Cases before the Small Claims Court should be heard and determined within 60 days of filing the claim. Adjournments are discouraged and limited to a maximum of three, which are allowed under exceptional or unforeseen circumstances.
All judgements are delivered on the same day and, in any event, not later than three days from the hearing date.
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