Introduction:

The legal system in Kenya provides a platform for resolving disputes through various judicial mechanisms. Small Claims Court is a specialized forum established to expedite the resolution of minor civil disputes quickly and affordably. This article aims to provide a comprehensive overview of Small Claims Court in Kenya, explaining its purpose, procedures, and significance in the country's legal landscape.

What is Small Claims Court?

Small Claims Court is a simplified court process designed to provide accessible and cost-effective resolution for low-value civil claims. Its primary objective is to offer a swift and informal mechanism for individuals and small businesses to seek justice without the need for complex legal procedures or representation.

Jurisdiction and Limitations:

Small Claims Court has limited jurisdiction, focusing on cases involving monetary claims up to a specified amount, which may vary from jurisdiction to jurisdiction. In Kenya, the Small Claims Court can hear claims involving amounts up to Ksh 1,000,000. These claims often involve matters such as unpaid debts, contract disputes, property damage, or disputes over services provided.

Procedures and Process:

1. Filing a Claim: To initiate a case, the plaintiff must complete a simple claim form available at the Small Claims Court. The form should provide clear details of the claim, including the parties involved, the amount sought, and a brief description of the dispute.

2. Serving the Defendant: After filing the claim, the plaintiff must serve a copy of the claim form to the defendant. This can be done through personal delivery or registered mail. Proof of service is essential to ensure the defendant receives adequate notice of the claim.

3. Response by the Defendant: Once served, the defendant has a limited time to respond to the claim. The defendant can either accept the claim, leading to an agreed resolution, or deny the claim, prompting the matter to proceed to a hearing.

4. Pre-Hearing Conference: In some cases, the court may schedule a pre-hearing conference to facilitate communication between the parties and explore the possibility of settlement. This conference encourages dialogue and helps streamline the hearing process.

5. Hearing: If the dispute remains unresolved, the court will schedule a hearing date. Small Claims Court hearings are typically less formal compared to other court proceedings, allowing parties to represent themselves and present their cases without legal representation. The judge or magistrate presiding over the hearing will evaluate the evidence presented by both parties and make a decision based on the merits of the case.

6. Judgment and Enforcement: Following the hearing, the court will issue a judgment, determining the outcome of the dispute. If the plaintiff is successful, the court will order the defendant to pay the awarded amount within a specified timeframe. Failure to comply may result in enforcement actions, such as garnishment of wages or seizure of assets.

Benefits and Significance:

The Small Claims Court system offers several advantages, making it an essential component of the Kenyan legal system:

1. Accessibility: The simplified procedures of Small Claims Court ensure that justice is accessible to all, including individuals and small businesses that may not have the resources for costly litigation.

2. Cost-effectiveness: Small Claims Court significantly reduces the financial burden associated with legal disputes. Parties can represent themselves, eliminating the need for expensive legal representation.

3. Speedy Resolution: Small Claims Court aims for swift resolution of cases. By streamlining procedures and adopting an informal approach, disputes can be resolved in a timely manner, reducing the backlog in the judicial system.

4. Informality: The relaxed atmosphere of Small Claims Court encourages parties to present their cases directly without formal legal jargon, fostering better communication and understanding.

Conclusion:

The Small Claims Court system in Kenya serves as an effective mechanism for resolving minor civil disputes promptly and affordably. 

[*This article generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to us on info@wjmaxwelll.co.ke or call/WhatsApp on 0733 610 961]