By Anita Otieno

The Small Claims Act established a subordinate court known as the small claims court to be presided over by an adjudicator, and the pecuniary jurisdiction of the court limited to Ksh. 200,000.
The nature of claims addressed by the court include:

• A contract for sale and supply of goods or services;
• A contract relating to money held and received;
• Liability in tort in respect of loss or damage caused to any property;
• For the delivery or recovery of movable property;
• Compensation for personal injuries; and
• Set-off and counterclaim under any contract.

A party to the court proceedings is required to appear in person or where he or she is unable to appear in person, be represented by a duly authorised representative. The Act prohibits Advocates or any other legal practitioner, from representing parties before the court.

Matters before the court are to be heard and determined on the same day or on a day to day basis until final determination whereas judgments are to be delivered on the same day or not later than 3 days from the date of the hearing.

Appeals from the Court may be made to the High Court with the decision being final.

Amendments to the Act

The Small Claims Court (Amendment) Act, 2020 amends the provision of the Small Claims Court Act by permitting the next of Kin or a close relative of a party to the proceedings appointed in writing and approved by the Adjudicator to represent that party in the court. The Amendment Act increases the limit value of the court from Ksh. 200,000 to a maximum of Ksh. 1,000,000.

The Amendment Act permits parties to be represented by Advocates thus amending the previous provision that prohibited representation of the parties to be represented by a legal practitioner.