The Small Claims Court in Kenya, was established under the Small Claims Act of 2016. It offers individuals and small businesses a cost-effective dispute resolution process away from complexities of lengthy litigation.
In a world of corporate law and contract management, we understand the significance of access to justice quickly and efficiently. Therefore, we are delighted to contribute to to the valuable insights into this essential legal avenue in this write up.
Key Features of the Small Claims Court Act
Monetary Limit: The Small Claims Court handles claims up to Ksh.1,000,000.00. It is an ideal choice for small disputes that fall under this threshold.
Informal Proceedings: Emphasis is on an informal approach. Formal legal representation is not mandatory. Litigants can represent themselves or be represented by duly authorized representatives, including close relatives and next of kin.
Simplicity and Speed: The court proceedings are designed to be straightforward, swift, and easily accessible to all parties involved. The court encourages negotiation and settlement to expedite dispute resolution. Notably, claims are resolved within a statutory period of 60 days, from filing to conclusion.
Jurisdiction: The Small Claims Court has jurisdiction over a wide range of civil matters, including contracts for goods or services, liability for property damage, personal injury compensation, and more.
Filing Process: Initiating a claim is a simple process that involves filing a written complaint at the Small Claims Court. You must provide essential details of the dispute and the relief sought. Templates are provided by the Court to facilitate the process.
Proceedings: The court allows proceedings to be conducted through various means, such as telephone, videophone, or electronic methods, as prescribed by the Chief Justice’s Rules. Additionally, the Court may determine claims based on documents and written submissions, enhancing convenience for all parties.
Adjudication: The Small Claims Court promotes mediation as a preferred method for dispute resolution. If mediation is unsuccessful, the court adjudicates the matter and it issues a binding decision. Judgments are enforceable like any other court judgment, including orders for payment and property delivery.
Consultation and Regulations: The Act mandates the Chief Justice, in consultation with relevant stakeholders, to create regulations for advocate remuneration when appearing before the Small Claims Court, ensuring a comprehensive legal framework.
At Atandi and Company Advocates, we offer specialized consultancy services in corporate law and contract management, assisting clients in navigating the intricacies of legal matters within the Small Claims Court. Our expert team of attorneys is dedicated to providing personalized guidance, ensuring favorable outcomes for your small claims disputes.
Contact us today to explore how we can help you to navigate the Small Claims Court and resolve your disputes in a swift and cost-effective manner.
