Meru — Chief Justice Martha Koome has concluded the first phase of the rollout of the Small Claims Court with a launch in Meru County, bringing the total number of courts operationalised since establishment to thirteen.
The Small Claims Court which resolves disputes within 60 days has over the past two years heard and determined over 14,000 cases, with claims in excess of Sh3.7 billion.
"The underpinning logic behind the establishment and operationalisation of the Small Claims Court was to enhance the expeditious delivery of justice and to provide a platform within the justice system where civil and commercial disputes whose value does not exceed Sh1 million are dealt with in a simple, efficient, and cost-efficient manner," Chief Justice Koome emphasised.
She explained that establishment of the court was part of a wider initiative to enhance the ease of doing business in the country, by creating an enabling environment for Small and Medium Enterprises SMEs to thrive by reducing the cost and time for enforcement of commercial disputes.
CJ Koome acknowledged that judicial systems are characterised by huge case backlog, complex legal procedures, low clearance rates and delays in obtaining judgments that impede a robust business climate.
The Small Claims Courts which are a key pillar of the Social Transformation through Access to Justice Vision that the Judiciary is pursuing, aim to create a people-centric approach to access to justice by affording the citizenry justice services that are accessible, inclusive, efficient, timely and responsive.
"It has largely been observed that hefty court fees, complexity of procedures and delays in determination of cases contributed to barriers to access to justice more so to the marginalized and vulnerable members of our society," CJ Koome observed.
The first Small Claims Court was established in Milimani, Nairobi in the Financial Year 2021/2022 and even though it has a 60 days statutory timeline to conclude cases, it has maintained a median time of 37 days for hearing and conclusion of cases.
"The significant reduction in time taken to resolve small claims is indicative of the transformative trajectory we are currently undertaking with a view of making the dispensation of justice more effective and efficient," CJ said.
The operationalisation of the Small Claims Court has enhanced access to justice by expanding the reach of the formal justice system and facilitated access to justice for a category of claimants who were previously unable to access mainstream judicial services for various reasons.
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Chief Justice Koome revealed that the Judiciary intends to roll out at least 100 Small Claims Courts across the country to ensure the courts serve as a forum for "community oriented" justice that seeks to unlock access to justice for communities who are at the lowest level.
The court's processes remain accessible, cost-effective, friendly to litigants, flexible, and simple. The SCC is a core doorway to justice and a central driver in the quest to transform the lives of Kenyans through social justice.
Earlier, the Chief Justice held a meeting with Meru Governor Kawira Mwangaza who pledged to collaborate with the Judiciary to establish more courts at the grassroots within the county to widen access to justice.
"We expect the Small Claims Court to spur economic growth and greatly reduce case backlog. In supporting the Chief Justice's Social Transformation through Access to Justice agenda, we are in the final stages of acquiring land in Timau to establish a court and the county is ready to collaborate and support the Judiciary." Governor Mwangaza assured.
Governor Kawira also observed that debt defaulting in Meru had been dealt a blow and crime rate will most likely go down. "We expect to witness a reduction of debt defaulters since people will now have a safe avenue to file for claims, however small the amounts involved. The rate of crime will also be curbed as it won't be necessary for anyone to take the law in their hands in a bid to revenge against notorious debt defaulters."
