SMALL CLAIMS

Eldoret court unlocks Sh500m stuck in disputes in backlog clearance drive

Some 887 cases handled last year and another 1,320 have been concluded this year

In Summary
  • The court was established in February 2022 but is now the busiest and the most popular with residents.
  • Tabitha Mbugua who is a resident magistrate and designated adjudicator of the small claims court says the cases handled included 887 last year.
Justice Reuben Nyakundi swears in Resident Magistrate Tabitha Mbugua to be an adjudicator of the Small Claims Court in Eldoret on October 27th 2023
Justice Reuben Nyakundi swears in Resident Magistrate Tabitha Mbugua to be an adjudicator of the Small Claims Court in Eldoret on October 27th 2023
Image: BY MATHEWS NDANYI

The Small Claims Court in Eldoret has so far conclusively handled 2,2007 cases in the last two years thus helping to unlock mostly commercial disputes valued at more than Sh500 million.

The court was established in February 2022 but is now the busiest and the most popular with residents who have disputes involving amounts not exceeding Sh1 million.

Tabitha Mbugua who is resident magistrate and designated adjudicator of the small claims court says the cases handled included 887 last year and another 1,320 which have been concluded this year.

However, there are 276 other cases still pending before the court.

“The matters filed before the court are supposed to be heard and determined within 60 days. We make it easy for people to sort out small claims or disputes and go back to their business instead of wasting time and money in courts," Mbugua said.

She said the purpose of establishing the court was to help decongest the mainstream courts and also help get money stuck in disputes back to the economy. 

“By doing so we are helping to make Kenya a business-friendly economy by sorting out commercial cases within a very short time," she said.

Mbugua said the courts focus mainly base operations on the Evidence Act making the process more complex but the small claims court decides its own procedure and its evidence is pegged on the credibility of the evidence presented.

“The adjudicator also has inquisitorial powers on cases. I  have powers to ask for further evidence or details before making a determination on a matter unlike the usual courts which only rely on evidence already presented," Mbugua said.

She said with the many cases the adjudicators get overwhelmed and there was a need to increase the number of adjudicators to handle the increasing number of matters.

Mbugua was speaking after she was sworn to extend her term as an adjudicator.

She was sworn in along with Rodgers Otieno who will also be an adjudicator in the same small claims court.

They were sworn in at the High Court during a ceremony presided over by Justice Reuben  Nyakundi on behalf of the Chief Justice.

Nyakundi said the small claims court in Eldoret was now one of the best in the country and it had set an example of how quick dispensation of justice can work to decongest the Judiciary.

“The small claims court gives us a challenge to review the way we operate and device all ways possible to help unlock the many cases pending before our courts," Nyakundi said.

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