Courts are places people tend to fear. I am certain many people wish to never set foot there. From the tense air that engulfs them to the backlog of cases, they aren't that heavenly. So you can imagine the shock on Mempa's face when he was informed he should pursue this as an avenue to solve a quandary he was in.
Mempa's tribulations began when he got into a contract for services with a school. He was training their students in music at an agreed fee. However, once the school term ended and it was time for the school to pay, they defaulted on the payment. When they hadn't made the payment six months later, he thought it was time to take action. And the option of approaching the small claims court came in handy.
The small claims court is a subordinate court established by the Small Claims Court Act. The main idea behind its establishment is to ensure expeditious dispensation of commercial and contract-related cases involving claims that are not monetarily large. It's pecuniary jurisdiction, that is, the maximum value of a claim that can be brought before it, is Sh1 million.
As per the Act, the jurisdiction of the court is with respect to civil matters, such as contracts for sale and supply of goods or services; contracts relating to money held and received; 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; and a counterclaim under a contract.
One of its major advantages is that it solves disputes quickly. Once a matter is filed, it should be heard day to day until it is determined, or even heard and determined within a day, where that is possible. The longest it can take for a matter to be determined is within 60 days.
Adjournments are a major contributing factor to delay in dispensation of cases. The Small Claims Court Act limits the number of adjournments in a case to a maximum of three. Even then, the circumstances leading to the adjournment must be exceptional and out of control of the parties. They must also be recorded.
It does not strictly follow the rules of evidence, making it friendly to persons who may not understand the technicalities of the law of evidence.
As of now, small claims courts are available in court stations, such as Milimani, Thika, Machakos, Kakamega and Nakuru. The long-term goal is to have them in as many court stations as possible. This will be a huge milestone in promoting access to justice.
The phobia of courts was especially pertinent before the promulgation of the 2010 Constitution, when courts were not that open to having all and sundry approach them. The 2010 Constitution brought a new dawn, where courts are accessible by all and sundry. Further, the courts have an important role to play in the protection of human rights. This has also made them less daunting.
It is worth noting that one would need an advocate to represent them before the small claims court. However, due to the efficient procedure involved, it is less costly. So, next time you have a dispute involving a claim of less than Sh1 million, don't let the fear of lengthy court processes or the dislike for courts discourage you from seeking justice.
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