Chief Justice Martha Koome on Monday said Micro, Small and Medium Enterprises are the engine of Kenya’s economy, “and therefore we must support it.”
The Supreme Court president, while opening a Small Claims Court at Meru Law Courts in Meru County, noted that small claims courts are in sync with the bottom-up platform the Kenya Kwanza administration campaigned on.
“This is the engine of our economy; the Micro, Small and Medium Enterprises, and therefore we must support it. I dare say this is our government policy now; the bottom-up approach. For us to succeed we must look at the vulnerable. We have to empower them,” CJ Koome said.
The Small Claims Court is established by the Small Claims Act 2016 and has a monetary jurisdiction of matters not exceeding Ksh.1 million.
According to Koome, the courts, which were established as part of an initiative to enhance the ease of doing business in the country, are of great support to small-scale traders which President Ruto's administration has pledged support for since taking over power last year.
“We have to enable them resolve their disputes when they get them, and to be able to do business without fearing that they are going to lose their investments,” the CJ said, adding that the small claims court are “completely people-centric and in line with the Judiciary’s vision”.
The Small Claims Court is a subordinate court and is overseen by the High Court, which has a supervisory role. The courts, which the Judiciary has been rolling out across the country, have to hear and determine a matter within 60 days.
According to the Small Claims Court (Amendment) Act, 2020, the Courts have jurisdiction to determine any civil claim jurisdiction relating to among other things a contract for sale and supply of goods or services, a contract relating to money held and received.
Others are liability in tort in respect of loss or damage caused to any property or for the delivery or recovery of movable property, liability in tort in respect of loss or damage caused to any property or for the delivery or recovery of movable property, compensation for personal injuries, as well as set-off and counterclaim under any contract.
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