Did you know you could sue that landlord for refusing to refund your deposit, or an acquaintance you loaned some money to two years ago and who has refused to refund it? These are some of the reasons why the Small Claims Courts (SCCs) were developed.
These courts were established as per the Small Claims Court Act, 2016 and began the first phase of operationalisation in the 2021/2022 fiscal year across 12 counties: Nairobi, Kajiado, Kiambu, Uasin Gishu, Machakos & Makueni, Nyeri, Nakuru, Kakamega, Mombasa, Kisumu and Meru.
Now, Kenyans across the country can utilise the establishment of these courts to resolve civil and commercial disputes whose value does not exceed Ksh1 million in a simple, efficient and cost-efficient manner.
With rulings guaranteed within 60 days and no legal representation required, these types of courts have been used worldwide as a cost-effective way of resolving easier conflicts.
As per Section 12 (1) of the Act, the Court has jurisdiction to determine at least five civil claims, including those relating to a breach of contract, especially for the sale and supply of goods or services.
Another claim that can be laid in these courts is that of contracts relating to money held or received. This could include instances like when companies fail to pay influencers for services.
Liability in tort, which means being legally responsible for a wrongful act in respect of loss or damage caused to any property or for the delivery or recovery of movable property, is another case that can be heard in these courts.
People seeking compensation for personal injuries can also apply to have their cases heard in Small Claims Court.
Lastly, set off and counterclaim under any contract are handled by these courts. This basically means that it allows a defendant to counterclaim against the claimant's demand by asserting that the claimant's debt is diminished or extinguished by a corresponding debt owed by the claimant to the defendant.
How to File
To file a case in a Small Claims Court in Kenya, you need to obtain and complete a Statement of Claim form available at the court registry or from the official judiciary website.
Depending on the nature of the claim, you might be required to pay a filing fee, which is often a modest amount.
Next, serve the defendant with a copy of the claim, which can be made as personal delivery or through a registered postal service and ensure the defendant responds within the stipulated time frame, which is often 15 days.
The court may then schedule a mediation session or pre-trial conference where a trained mediator attempts to facilitate an amicable resolution by facilitating discussions between you and the defendant to help you reach a mutually acceptable agreement and avoid court proceedings.
If no agreement is reached in the mediation or a pre-trial conference, or if either party does not participate in good faith, the court may proceed to schedule a formal hearing in court, and both the claimant and the defendant will receive a notice with the date, time, and location of the hearing.
The judgment in determining any claim must be provided on the same day or no later than three days after the hearing. If the magistrate rules in your favour and directs the defendant to pay, they are expected to comply voluntarily.
As in any other case, an appeal can be laid in the High Court, or a claimant or joint claimant may withdraw the claim at any moment before final judgment.
