Small Claims Courts (SCC) have helped free Sh21 billion back to the economy since its establishment in 2021, Chief Justice (CJ) Martha Koome has said.
Speaking when she opened the third annual SCC symposium, Justice Koome said the billions freed has helped support traders, farmers, micro-entrepreneurs and small and micro-economies across the country.
“By offering simple, affordable, and expeditious mechanisms for resolving everyday disputes, the SCC represents a profound shift toward people-centred justice,” she said.
The courts were introduced as part of plans to reduce the case backlog, which has bogged down the Judiciary over the years. The adjudicators handle cases valued at less than Sh1 million.
SCCs are meant to hear simple cases like sale and supply contracts, debt recovery, loss and claims from personal injury, among others.
The cases should be finalised within 60 days of filing, and the hearing is conducted on a day to day basis until the matter is determined.
Parties appearing before the SCC are not required to adhere to strict observance of technical procedures and a party can choose to represent themselves as the process is easier to follow.
Justice Koome said that during the last financial year, more cases (158,357) were filed as compared to 41,524 that were filed in the previous financial year. The CJ added that in the last financial year alone, the courts resolved 155,227 cases.
To make the courts work better, Justice Koome appointed a committee chaired by High Court Judge Anthony Mrima, which will propose amendments to the SCC Act and its Rules to harmonise inconsistencies, clarify jurisdictional boundaries, “and ensure the court remains faithful to its founding philosophy”.
She said among the issues to be addressed by the committee are conflicting interpretations on the jurisdiction of the court, the filing of complex commercial matters and contradictions between the Act and Rules, which she noted had created uncertainty.
“For decades, many Kenyans were effectively locked out of the justice system because pursuing claims was prohibitively expensive and procedurally intimidating. The SCC was created to bridge this access gap by offering a simplified, affordable and expeditious avenue for resolving minor civil and commercial disputes,” she said.
Justice Koome added that the courts were meant to reclaim justice as a public good, demystifying legal processes and ensuring that the Judiciary is a partner in the everyday struggles of citizens.
“These numbers tell a powerful story. Behind every case resolved lies a trader who recovered payment for goods supplied, a farmer who enforced a small contract, or a micro-entrepreneur who was protected from exploitation. In every instance, the SCC has demonstrated that justice can be delivered expeditiously, affordably and fairly,” she added.
“...the Standing Committee will propose the development of Small Claims Appeal Rules to simplify and expedite appeals to the High Court,” she said adding that the committee will also develop a standard judgment template to facilitate “on-the-spot” delivery of decisions, mirroring successful models from other jurisdictions such as Zambia.
The CJ noted that the Milimani SCC remained the busiest, registering 120,914 cases, representing 76 percent of all filings. This was followed by Eldoret with 5,394 cases, and Nakuru with 3,665.
Justice Koome said the bulk of matters, approximately 79 per cent, related to debt recovery, underscoring the court’s critical role in sustaining Kenya’s commercial ecosystem and supporting small and medium-sized enterprises.
