Murang’a Law Court rolls out small claims court

Murang’a,

Friday, November, 17, 2023

KNA by Anita Omwenga/ Purity Mugo

The Judiciary has launched a small claims court at Murang’a Law courts, which will see matters resolved through simple, inexpensive and expeditious procedures.

The small claims court which was established by the Small Claims Act 2016 is a subordinate court in the structure of the court system in Kenya, under Article 169 (1) of the Constitution, with a monetary jurisdiction in matters not exceeding Sh1 million.

Speaking during the launch, Presiding Judge at Murang’a High Court, Justice James Wakiaga said the claims court is a welcome move by the judiciary, since most of the claims being handled by Murang’a courts fall under the parameters of cases that can be handled by this type of court.

“The judicial officers are welcoming this court because they know it will serve the Wanjiku’s in a bid to enhance access to justice,” said Justice Wakiaga, adding that this has come as a big relief, especially to those who could not afford expensive legal fees in the process of recovering their hard-earned money.

The Presiding Judge explained that the small claims court has to hear and determine a matter within 60 days (2 months) from the date it was instituted.

“Section 34 of the Act provides that all proceedings shall be heard and determined on the same day or on a day-to-day basis until final determination,” he said.

“It is a game changer and it is something that needs to be embraced even among the other courts to avoid a backlog,” he added.

Wakiaga said the Chief Justice and President of the Supreme Court of Kenya Martha Koome has rolled out several of these courts in a number of counties including Nairobi, Meru, Nakuru, among others because of the impact that they have in improving access to justice by fast tracking recovery of money owed to individuals and organizations.

This, he noted, was intended to ensure expeditious dispensation of claims with the aim of unlocking finances for capital investment.

The jurisdiction of the Small Claims Court includes determining civil claims relating to Contract for sale and supply of goods or services, money held or received, liability in tort in respect to loss or damage caused to any property, compensation for personal injuries and set off, as well as counterclaim under any contract.

“The court is designed to settle civil and commercial disputes in a timely manner with minimal rules, fewer formalities and less technicalities involving small amounts of money not exceeding Sh1 million” he said.

On her part, Justice Cecilia Githua said that claims court is an important development that the Chief Justice has introduced in the court system as one of the ways of implementing social transformation through access to justice.

“This court is going to be instrumental in expanding the scope of access to justice for the majority of our citizens, since it is a court that interacts with all people at grass roots level,” she said.

Githua said the number of such cases that have been pending in the commercial courts and in the lower courts have been part of what is causing the backlog of cases.

“The courts are intended to reduce the backlog of cases by having disputes resolved through simple, cheap and fast procedures, thus enhancing access to justice,” she added.

Githua said the claims court is important for adjudication of disputes because of the multiplier effect of the turnover of the cases since its inception in 2021.

Because of the multiplier effect of the turnover of the cases, it is possible to free a lot of money that would have been otherwise been tied up in litigation over a number of years if the same claims were to be processed through the normal court system.

She urged the courts to carry out public awareness on the existence of claims court following the launch and establishment of the same, so that more people could be made aware and therefore utilize the new litigation procedure.

Lucy Irungu, representing the Maendeleo ya Wanawake said the court will help members of the society, especially women when it comes to solving issues like debts being owned for example among women finance groups that most them were are part of.

She urged the women and other members of the public to take advantage of the small claims court as it was affordable and offered faster judgment. The Murang’a claims court will be up and running as from January 1 next year.

Courtesy; KNA