Kericho rolls out Small Claims Court

Bureti,

Saturday December 16, 2023

KNA by Sarah Njagi

The Judicial service commission has rolled out the Small Claims Court (SCC) in Kericho County.

This will reduce significantly the current backlog of cases at the Magistrates’ courts and expedite administration of justice within a timeline of 60 days.

In an interview with KNA after a stakeholder engagement for the roll out of the Kericho SCC held at a Kericho hotel, Kericho High Court Presiding Judge Justice Joseph Sergon said the establishment of the claims court will enhance access and expeditious delivery of justice as envisioned under article 48 of the Constitution through simplicity of procedures, timely disposal of cases, fairness of process and affordable court fees.

“This is a milestone and we ought to thank the Chief Justice Martha Koome for this. The timelines for those matters must be heard and completed within 60 days and we assure as the Judiciary that matters will be concluded within this timeline,” said Justice Sergon.

He revealed that cases at the Kericho SCC will involve civil claims, whose value does not exceed Sh1 million on matters relating to contracts for sale and supply of goods and services, contracts relating to money held and received, liability in tort in respect of loss or damage of any property, compensation for personal injuries claims and set-off and counterclaim under any contract.

Judge Sergon noted that Kericho SCC matters will be presided over by two court adjudicators and the proceedings will be done in a timely manner with deadlines and to their conclusions saying this is a progressive step towards the decongestion of the magistrate’s courts in furtherance of the fundamental rights of access to justice enshrines in Article 48 of the Constitution.

He urged Kericho residents to take advantage of the SCC by filing their civil claims as the courts objective was to guarantee the right to dispense justice in a fair, timely, simple, affordable and accessible manner.

“I believe the matters which have been pending in the magistrate’s courts, which fall under the category of that value will now be settled within a short time. I encourage the people of Kericho who have small claims matters to take advantage of the existence of this court, file your matters and we assure as a judiciary that justice will be done and those matters will be concluded within 60 days” said Justice Sergon.  

On his part, Secretary General of Kericho County Contractors and Suppliers Association Elijah Rono said they were faced with a myriad of challenges of contracts of supplying of goods and services and contracts relating to money debt not being paid on time, while commending the Judiciary for the timely effort.

“We get challenges of how to fund some projects as well as in repayments and we appreciate the Judiciary for rolling out the SCC in Kericho, which will assist in weeding out rogue contractors who refuse to honor contracts,” said Rono.

 Kericho County Jua Kali Chairman David Njogu said the SCC in Kericho will go a long way in assisting the over 1,000 members settle their civil claims of monies held by their debtors.

Present at the forum was representative from Milimani small claims court, Kericho Chief Magistrate Charles Obulutsa and representatives from civil society groups, Office of the Director of Public Prosecutions (ODPP), Law Society of Kenya (LSK), office of the County police commander, County Commissioner’s office as well as the Kenya National chamber of Commerce and Industry among others.

Courtesy; KNA