Mwilu launches Small Claims Court for commercial claims of up to Kshs1M

The Judiciary has launched the Small Claims Court at Milimani that will be dealing with cases of up to Ksh1 million.

Acting Chief Justice Philomena Mwilu who officially opened the court called on adjudicators handling the cases to ensure Kenyans seeking justice are served expeditiously and that cases are determined within the shortest time possible.

“Where you must adjourn and where exceptional circumstances exist and which you must record on the file when you may want to deliver. Let that be the exception rather than the rule,” she said.

According to Mwilu, the court will reduce the caseload in Magistrates’ Courts and reduce backlog and the longest a matter can take to be heard and determined is 60 days.

“At Milimani Commercial more than 50 per cent of civil matters are for amounts under Sh1 million,” she said.

“The Courts are informal, simple and straightforward. They are not wholly guided by rules of evidence. They can even allow use of vernacular.”

Cabinet Secretary for East African Community and Regional Development Adan Mohamed said the opening of the Small Claims Court will ensure business people in huge corporates and small and medium businesses get equal representation opportunities in the justice system.

“With the number of days cut, fees waived and processes automated we hope that will now become an issue of the past,” Mohamed said.

He further added that over 65 per cent of the backlog of court cases relate to the small and medium sizes businesses and presumably below the Sh1 million threshold that will now be the target of this court.

President of the Law Society of Kenya Nelson Havi who was present said the Small Claim Court will not only ensure that ordinary Kenyans get justice but will also create job opportunities for young advocates willing to serve as adjudicators.

“It is our expectation that the Small Claims court will prosper and flourish. Soon you will be joined by other adjudicators and it is our request that many adjudicators will be appointed and within the shortest time possible we will have small claim courts across the country with all the 47 counties represented,” Havi said.

The court will have the jurisdiction to hear and determine dispute cases relating to contracts for sale and supply of goods and services, money held and received liability in loss or damage of property, compensation for personal injuries among others.

Three adjudicators; Brenda Jaluha Ofisi, Susan Gakii Gitonga and Judith Patience Omollo were sworn in to work in the newly launched court.