The Small Claims Court in Kenya is a specialized court that was established to provide a fast and affordable way to resolve disputes involving small amounts of money. The court has jurisdiction over less than to KES 1,000,000. According to the Constitution of Kenya, it is a lower court in the structure of the judicial system in Kenya The Small Claims Act of 2016 is the legislation that created the Small Claims Court and later amended by the Small Claims Court (Amendment) Act, 2020.
The Small Claims Court differs from other court processes in a number of ways. First, the process is much simpler and less formal. There are no lawyers required, and the parties can represent themselves. Second, the hearings are typically held within a few weeks of the filing of the claim. Third, the court has the power to issue orders for payment, damages, and other relief.
What cases can be filed / lodged in the Small Claims Court? (Jurisdiction)
According to the Small Claims Court Act, the court has jurisdiction to hear civil claims relating to:-
- A contract of sale and supply of goods or services
- A contract relating to money held and received
- Liability in tort (a civil wrong that causes a claimant to suffer loss or harm)
- Compensation for personal injuries
- Set-off and counterclaim under any contract.
What are the benefits of Small Claims Court?
The main advantages of using the Small Claims Court include:
- Speed: The process is much faster than other court processes.
- Affordability: The cost of filing a claim is relatively low.
- Simplicity: The process is simple and easy to understand.
- Flexibility: The court has the power to tailor its orders to the specific needs of the parties.
Here are some additional tips for using the Small Claims Court:
- File your claim as soon as possible. The earlier you file your claim, the sooner the court will be able to hear it.
- Gather all of your evidence. This includes any contracts, receipts, or other documents that support your claim.
- Be prepared to present your case. This means being able to explain your claim clearly and concisely.
- Be respectful to the court and the other party. This will help to ensure that the process goes smoothly.
How much does it costs to file a case/claim in The Small Claims Court?
Depending on the claim, it costs anything from 200
How long do Small Claims Court cases take?
Upon filing your case, or claim, and proper service to the respondent, registered, you can seek a summary judgment from the court if the respondent does not respond within 15 days from the date of service. Also, the court is required to hear and determine a matter within 60 days after filing unless unders special circumstances.
What happens if judgement is passed and the respondent doesn’t pay/defaults?
Once the court decides in your favor the one applies, via letter or form, for a Decree of Costs. This decree includes the initial sum claimed plus interest and any other costs awarded by the court. The decree is then served upon the respondent and if they fail to pay then one applies for Notice To Show Cause which summons the respondent to show the court why he/she should not be committed to civil jail. Furthermore, one can apply to attach valuable properties of the defendant to recover costs.
Do you need a lawyer to represent you in the Small Claims Court?
The filing process in the Small Claims Court is relatively easy and the process is straight forward. You can also be represented by someone else who doesn’t have to be a lawyer. However a lawyer can help you to file your claim, gather your evidence, and present your case in court.
Contact us today to learn more about how we can help you resolve your small claims dispute!
Our lawyers have extensive experience in the Small Claims Court, and we are committed to helping our clients get the justice they deserve. We will work with you to understand your case and develop a strategy to achieve your goals. We will also represent you in court, so you can be confident that your case is in good hands.
Contact us today to schedule a consultation. We look forward to helping you resolve your small claims dispute.
We are committed to providing our clients with personalized service.
We have a proven track record of success in the Small Claims Court.
We are affordable and offer flexible payment plans.
Contact us today to learn more about how we can help you resolve your small claims dispute.
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