Nairobi, Kenya – The Small Claims Court is emerging as a critical tool for Kenyans seeking swift justice in disputes involving modest sums. Established under the Small Claims Court Act, 2016, the court handles cases valued at up to Sh1 million, offering ordinary citizens an accessible, efficient, and affordable path to justice.
To file a claim, litigants must first prepare a statement of claim detailing the dispute, the relief sought, and supporting evidence such as contracts, receipts, or agreements. Claims may be filed directly at designated Small Claims Court registries or online through the Judiciary’s e-filing system.
Once filed, the matter is registered, and a case number is issued. The respondent is then served with a summons and required to file a defence within a set timeline. Hearings are scheduled promptly, and by law, judgments must be delivered within 60 days of filing.
The court has jurisdiction over disputes relating to contracts, supply of goods and services, recovery of debts, and compensation for damages. It excludes matters touching on defamation, criminal liability, employment disputes, and land ownership.
Judgments are enforceable like any other court decree, with parties able to apply for execution through attachment of property, garnishee proceedings, or committal orders where necessary.
Justice reforms experts say the Small Claims Court has revolutionised access to justice by easing the backlog in superior courts. “This court is a game-changer for ordinary Kenyans. It ensures that small but significant disputes are resolved quickly and fairly without the delays and costs associated with mainstream courts,” said legal analyst Dr. Angela Mwende in Nairobi.
So far, thousands of cases have been concluded, with litigants praising the court’s simplicity and timelines. However, challenges remain, including limited awareness, understaffing, and logistical gaps in remote areas.
For many Kenyans, the court now represents a vital avenue for resolving everyday disputes and restoring faith in the justice system. With cases capped at Sh1 million and timelines strictly enforced, the Small Claims Court is steadily cementing its role as a people’s court of justice.
