Small Claims Court in Kenya


#1

I have seen a lot of cases of people here getting swindled by business and just letting it go.

I recently learned Kenya is one of the very few countries in the world that has small-claims courts.

The Kenyan Small Claims Court was established in 2016 under section 4 of the Small Claim Act No.2 of 2016. Each Small Claims Court is presided over by an adjudicator appointed by the Judicial Service Commission. The Chief Justice can also designate any qualified person to act in as an adjudicator. The court deals with civil cases provided for under section 12 which arise from:

  1. contracts for sale and supply of goods or services;

  2. liability in tort arising from loss or damage to any property or for delivery or recovery of movable property;

  3. compensation for personal injuries;

  4. set-off or counterclaims under any contract; and

  5. any other civil matters that written may confer.

Though the court’s pecuniary jurisdiction is limited to KES 200,000 (approximately 2,000 USD), Section 12(4) gives the Chief Justice the power to review that limit to any amount he thinks fit via a Gazette notice.

I was hoping @martingicheru, @sarunibm and co. can look into this and maybe post an article on this.

Businesses like kina Avechi who constantly breach warranty terms should be held accountable. Ama that landlord that refused to give you back your security deposit kwa sababu ukuta ikona dent mahali.

Always keep your receipts.


Went to buy TCL from Luthuli ended up buying a Syinix - It's Awesome!
#2

Okay. This is new to me. Let me consult some lawyers I know for further breakdown.


#3

Wow i totally didn’t know this hata kama ilikuwa business law I don’t know if I missed a point or not in class but this is educational. Thanks


#4

The Act is great really and eases the burden of court proceedings as well as hastens the determination of small claims. Unfortunately it is yet to be implemented. Surprise!! :laughing:


#5

You are joking, right?


#6

I really wish I was.


#7

Any information of what happened to it?


#8

The implementation is still under way. I believe it shall be operational in the future although nothing has been published about timelines on how soon to expect it.


#9

Slight digress, what did Avechi do?


#10

Here you go!




#11

Thanks for the heads up