On April 2021, Deputy Chief Justice Philomena Mwilu (who was Acting CJ by then) launched the first small claims court that was meant to handle commercial disputes with a monetary value of less than Sh1 million.
Establishment
The Small Claims Court was established under the Small Claims Act, 2016.
It is a subordinate court in the structure of the court system in Kenya under Article 169 (1) of the Constitution.
The establishment of the court is part of an initiative to enhance the ease of doing business in the country.
The courts are intended to reduce the backlog of cases by having disputes resolved through simple, inexpensive, and expeditious procedures, which will enhance access to justice.
The Small Claims Court is presided over by an adjudicator who is an advocate of the High Court of Kenya with at least three years of experience in the legal field.
In accordance with Section 6(1) of the Act, the Judicial Service Commission is tasked with the role of appointing adjudicators, registrars, and other officers of the court as may be necessary for the effective discharge of its functions.
The Chief Justice may also designate any judicial officer to act as an adjudicator.
Jurisdiction
The Chief Justice determines the local limits of the jurisdiction of the Small Claims Court.
Further, the Chief Justice ensures that the courts are accessible in every sub-county and progressively in other decentralized units of judicial service delivery.
The Court has jurisdiction to determine any civil claim relating to:
(a) a contract for sale and supply of goods and services;
(b) a contract relating to money held and received;
(c) liability in tort in respect of loss or damage caused to any property or for the recovery of movable property;
(d) compensation for personal injuries;
(e) set-off and counterclaim under any contract.
No proceedings relating to the same cause of action are to be brought before any other court, except where the proceedings before that of the other court were commenced before the claim was lodged with the Small Claims Court or the claim before the other court has been withdrawn.
A claim cannot be brought before the Small Claims Court if proceedings relating to that claim are pending in or have been heard and determined by any other court.
A higher court may transfer a claim to the Small Claims Court.
The Small Claims Court cannot hear claims where the cause of action is founded upon defamation, libel, slander, malicious prosecution, or upon a dispute over a title to or possession of land, or a matter concerning employment and labour relations.
The court will also facilitate the use by parties of indigenous languages, Kenyan sign language, Braille, and other communication formats and technologies accessible to persons with disabilities.
The Court may make one or more of the following orders:
- Order to pay money either in a lump sum or by instalments;
- An order for the restitution of any movable property;
- An order for the recovery of any sum in relation to the performance of a contract;
- An order dismissing the claim to which the proceedings relate;
- Or any such consequential or ancillary orders as may be necessary, including any stipulations or conditions for the enforcement of its orders or directions.