In Kenya, the small claims court is part of the Kenyan judicial system designed to provide a quick and inexpensive way to resolve disputes involving small amounts of money or simple issues. Here’s we analyze a general overview of small claims court in Kenya:
Jurisdiction
The Small claims courts in Kenya typically handle civil cases involving claims up to Kshs. 1,00,000/=. This limit applies to all suits filed with the Small Claims court.
Types of Cases
The Small claims court typically deals with cases such as unpaid debts, contract disputes, property damage claims, and similar matters. However, certain types of cases, such as those involving family law, landlord-tenant disputes or criminal matters, are not heard in small claims court.
Procedure
The procedures in the small claims court are simplified compared to regular suits. The process usually involves filing a claim with the court, notifying the other party, and attending a hearing where both parties present their case to the assigned adjudicator. The Suits should ordinarily be concluded within 60 days of filing. Under Section 30 of the Small Claims Act, parties have the option to simply proceed to file written submissions without the need of witnesses orally testifying in court.
Evidence
Evidence in support of a claim may include documents, photographs, receipts, contracts, and witness statements. The rules of evidence as encapsulated under the Evidence Act do not strictly apply in this Court thus making the hearing process less litigious.
Enforcement
If the court rules in favor of the claimant (the party bringing the claim), the Respondent (the party being sued) may be ordered to pay the amount owed plus any applicable court costs. If the defendant fails to comply with the court’s decision, there are mechanisms available to enforce the judgment.
Appeals
The right of appeal is a fundamental right available to all litigants. All appeals from the Small Claims Court lie with the High Court. Any party aggrieved with any decision of the Small Claims Court can appeal to the High Court.
