The Small Claims Courts Act

The Small claims courts Act, 2016

Chapter 10A laws of Kenya commenced on 21/4/2016 for sole purpose of dealing with small claims whose pecuniary jurisdiction was upto kshs. 49,900/=. However as time progressed an amendment was inserted to increase the jurisdiction to kshs. 200,000/=. As late as 2021 the Act was further amended to increase the pecuniary jurisdiction to kshs. 1,000,000. The question has always been, with the minimum wage in Kenya is kshs. 1,000,000.00 a small claim? The exchange rate as at February 2024 is at kshs. 168.00 to the dollar.

Section 30 of the small claims Act gives power to the Court Adjudicator to hear and determine matters by way of statements or filed documents rather than hearing the parties.  Section 12 of the Act states as follows in regard to the cases the court can hear and determine;

(1) Subject to this Act, the Rules and any other law, the Court has jurisdiction to determine any civil claim relating to—

(a) a contract for sale and supply of goods or 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 delivery or recovery of movable property;

(d) compensation for personal injuries; and

(e) set-off and counterclaim under any contract.

Section 34(1) of the said Act talks about time computation. The time duration for hearing and determining cases is pegged at 60 days. However, the high court has made a few authorities binding on the small claims court in regard to computation of time.

In the case of Esther Jepkemei v Selly Jemutai [2022) eKLR, the court of appeal stated as doth: -“I concur with the observation made in that decision that a delayed judgment prolongs and increases the stress and anxiety of litigation and reduces public confidence in the judicial process. I am mindful, however, that the vicissitudes of judicial service and the pressures attendant thereto may in some instances conspire to cause such delay as occurred herein.

In Biosystems Consultants v Nyali Links Arcade (Civil Appeal E185 of 2023) [2023] KEHC 21068 (KLR) (31 July 2023) (Ruling) Justice Kizito Magare held that ; “The purpose of the Small Claims Court Act is to facilitate expeditious disposal of the disputes while at the same time respecting the right to be heard. The net result is that balancing the two may result at times to overshooting the 60 days. The 60 days do not have penal consequences for good reason. They are aspirational. This is part of having access to justice over amounts that need not be in the normal system.”

Every good intend has it’s backlashes as jurisprudence is developed. So far we await the Judiciary as an arm of government to introduce small claims courts in all sub-counties,as envisaged by section 11(2) of the act, but of late we are instead seeing concentration on huduma center kiosks yet the act of small claims has been established years past. At the end we all want justice to Kenyans.