Kenya Act or statute

Parliament of Kenya

Small Claims Court Act

Jurisdiction: Kenya
Structure: 52 provisions
Citation: Cap. 10A
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“The Act's short title is the Small Claims Court Act.”

The Act's short title is the Small Claims Court Act. This section provides definitions of terms used in the Act (Interpretation). The Court must follow the judicial authority principles in Article 159(2); parties and their authorised representatives must assist the Court, participate in proceedings, and comply with its directions and orders; the section lists guiding principles including timely disposal, equal access, fairness, and simplicity. A person aggrieved by a Registrar's decision on the Court's judicial functions may apply to an Adjudicator for review; the Adjudicator may confirm, modify or reverse that decision. Establishes the Small Claims Court and requires the Chief Justice to designate Court stations as Small Claims Courts by notice in the Gazette.

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PRELIMINARY - 1. Short title

The Act's short title is the Small Claims Court Act.

Section 1

JURISDICTION OF THE COURT - 14. Prohibition on division of claims

Claims must not be split or pursued in parts solely to bring each claim within the Court's jurisdiction.

Section 14

PROCEDURE BEFORE THE COURT - 26. Admission of claims

If the respondent admits any part of a claim, the Court must record that admission as an order in favour of the Claimant and then decide the parts not admitted.

Section 26

PROCEDURE BEFORE THE COURT - 38. Appeals

A person aggrieved by a Court decision or order may appeal that decision or order to the High Court on matters of law.

Section 38

MISCELLANEOUS PROVISIONS - 51. Code of conduct for Adjudicators

The Chief Justice must, within six months of the commencement of the Act, prescribe a code of conduct for Adjudicators.

Section 51

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Showing 52 of 52 provisions

Provision 44Commencement 3Interpretation 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act's short title is the Small Claims Court Act.

Section 1. Short title Section This Act may be cited as the Small Claims Court Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions of terms used in the Act (Interpretation).

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Adjudicator" means an Adjudicator appointed under section 5 ; "Chief Justice" means the Chief Justice appointed under Article 166 of the Constitution; "Chief Registrar" means the Chief Registrar of the Judiciary referred to in Article 161(2)(c) of the Constitution; "claim" means a claim lodged with the Small Claims Court in accordance with section 23 ; "claimant" means a person who lodges a claim with a Small Claims Court and includes any person who becomes a party to the proceedings on any claim in the capacity of a claimant; "Court" means a Small Claims Court established under section 4 of this Act; “duly authorized representative” means 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 court proceedings; "electronic means" includes electrical, digital, magnetic, optical, biometric, electrochemical, wireless or electromagnetic technology; "electronic system" means any electronic device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data and includes a permanent, removable or any other electronic storage medium; " Gazette " has the meaning assigned to it under Article 260 of the Constitution; "judicial officer" has the meaning assigned to it by section 2 of the Judicial Service Act (Cap. 8A); "Judicial Service Commission" means Judicial Service Commission established under Article 171 of the Constitution; "party" means a claimant or respondent and any other person joined as a third party in proceedings under this Act; "prescribed limit" means one million shillings or such other sum as the Chief Justice may determine by notice in the Gazette ; "respondent" means any person against whom a claim is made and any person who becomes a party to the proceedings on any claim in the capacity of a respondent in any proceedings under this Act; and "Rules" means the Rules made under section 50 of this Act. [Act No. 5 of 2020 , s. 2.]

Section 2Verify source

§ 3PRELIMINARY - 3. Guiding principlesProvision

The Court must follow the judicial authority principles in Article 159(2); parties and their authorised representatives must assist the Court, participate in proceedings, and comply with its directions and orders; the section lists guiding principles including timely disposal, equal access, fairness, and simplicity.

Section 3. Guiding principles Section 3(1) In exercise of its jurisdiction under this Act, the Court shall be guided by the principles of judicial authority prescribed under Article 159(2) of the Constitution. Section 3(2) The parties and their duly authorized representatives, as the case may be, shall assist the Court to facilitate the observance of the guiding principles set out in this section, to that effect, to participate in the proceedings of the Court and to comply with directions and orders of that Court. Section 3(3)(a) the timely disposal of all proceedings before the Court using the least expensive method; Section 3(3)(b) equal opportunity to access judicial services under this Act; Section 3(3)(c) fairness of process; and Section 3(3)(d) simplicity of procedure.

Section 3Verify source

Part II

ESTABLISHMENT, ORGANIZATION AND ADMINISTRATION OF THE COURT

§ 10ESTABLISHMENT, ORGANIZATION AND ADMINISTRATION OF THE COURT - 10. Review of Registrar’s decisionsProvision

A person aggrieved by a Registrar's decision on the Court's judicial functions may apply to an Adjudicator for review; the Adjudicator may confirm, modify or reverse that decision.

Section 10. Review of Registrar’s decisions Section 10(1) A person aggrieved by a decision of the Registrar on matters relating to the judicial functions of the Court may apply for review by an Adjudicator of that Court in accordance with the Rules. Section 10(2) The Adjudicator may confirm, modify or reverse the decision of the Registrar referred to in subsection (1).

Section 10Verify source

§ 4ESTABLISHMENT, ORGANIZATION AND ADMINISTRATION OF THE COURT - 4. Establishment of the CourtProvision

Establishes the Small Claims Court and requires the Chief Justice to designate Court stations as Small Claims Courts by notice in the Gazette.

Section 4. Establishment of the Court Section 4(1) There is established a court to be known as the Small Claims Court which shall be a subordinate Court pursuant to Article 169(1)(d) of the Constitution. Section 4(2) Pursuant to Article 6(3) of the Constitution, the Chief Justice shall, by notice in the Gazette , designate any Court station as a Small Claims Court with such geographical jurisdiction as may be specified in the notice. Section 4(3) Notwithstanding subsection (2), the geographical jurisdiction may be in relation to a sub-county or other units of decentralization in compliance with Article 6(3) of the Constitution.

Section 4Verify source

§ 5ESTABLISHMENT, ORGANIZATION AND ADMINISTRATION OF THE COURT - 5. Appointment of an AdjudicatorProvision

The Court must be presided over by an Adjudicator.

Section 5. Appointment of an Adjudicator Section 5(1) The Court shall be presided over by an Adjudicator. Section 5(2)(a) is an advocate of the High Court of Kenya; and Section 5(2)(b) has at least three years' experience in the legal field.

Section 5Verify source

§ 6ESTABLISHMENT, ORGANIZATION AND ADMINISTRATION OF THE COURT - 6. Officers of the CourtProvision

The Judicial Service Commission must appoint required Adjudicators, registrars and other Small Claims Court officers; the Chief Justice may designate judicial officers to act as Adjudicators; appointed Adjudicators or officers must serve on terms in their appointment; an Adjudicator may serve full- or part-time.

Section 6. Officers of the Court Section 6(1) The Judicial Service Commission shall, pursuant to Article 172(1) of the Constitution, appoint such number of Adjudicators, registrars and other officers of Small Claims Courts as may be necessary for the effective discharge of the functions of the Court. Section 6(2) Without prejudice to subsection (1), the Chief Justice may designate any judicial officer to act as an Adjudicator in any proceedings under this Act. Section 6(3) Any Adjudicator or officer appointed under this section shall serve on such terms as may be specified in the instrument of appointment. Section 6(4) An Adjudicator may serve on full time or part time basis.

Section 6Verify source

§ 7ESTABLISHMENT, ORGANIZATION AND ADMINISTRATION OF THE COURT - 7. Oath or affirmation of an AdjudicatorProvision

An Adjudicator must, on first appointment, take an oath or affirmation in the prescribed form under section 40 of the Judicial Service Act (Cap. 8A).

Section 7. Oath or affirmation of an Adjudicator Section An Adjudicator shall, on first appointment, take an oath or affirmation in the prescribed form in accordance with section 40 of the Judicial Service Act (Cap. 8A).

Section 7Verify source

§ 8ESTABLISHMENT, ORGANIZATION AND ADMINISTRATION OF THE COURT - 8. Qualifications for appointment of Registrar of the CourtProvision

Qualification: is an advocate of the High Court of Kenya and has attained at least three years legal experience.

Section 8. Qualifications for appointment of Registrar of the Court Section is an advocate of the High Court of Kenya and has attained at least three years legal experience; or

Section 8Verify source

§ 9ESTABLISHMENT, ORGANIZATION AND ADMINISTRATION OF THE COURT - 9. Functions of RegistrarProvision

The Registrar is responsible for maintaining the Court's register and records, managing court staff and administration, handling documents, enforcing and certifying court decisions, facilitating access to judgments, and may dispose of procedural or administrative matters under the Rules or on direction of the Adjudicator.

Section 9. Functions of Registrar Section 9(1)(a) the establishment and maintenance of the Register in which all records of the Court shall be kept; Section 9(1)(b) the acceptance, transmission, service and custody of documents in accordance with the Rules; Section 9(1)(c) the enforcement of the decisions of the Court; Section 9(1)(d) certifying that any order, direction or decision is an order, direction or decision of the Court; Section 9(1)(e) causing to be kept records of the proceedings and minutes of the Court and such other records as that Court may direct; Section 9(1)(f) managing and supervising the staff of the Court; Section 9(1)(g) the day to day administration of the Court; and Section 9(1)(h) facilitating access to judgements and records of the Court. Section 9(2) The Registrar may consider and dispose of procedural or administrative matters in accordance with the Rules or on direction of the Adjudicator.

Section 9Verify source

Part III

JURISDICTION OF THE COURT

§ 11JURISDICTION OF THE COURT - 11. Local limits of the Court’s jurisdictionProvision

The Chief Justice must determine and publish in the Gazette the local limits of the Small Claims Court and must ensure those courts are accessible in every sub-county and progressively in other decentralized units.

Section 11. Local limits of the Court’s jurisdiction Section 11(1) The Chief Justice shall determine and publish a notice in the Gazette designating the local limits of the jurisdiction of Small Claims Court. Section 11(2) When determining the local limits of the jurisdiction of the Court, the Chief Justice shall ensure that such Courts are accessible in every sub-county and progressively in other decentralized units of judicial service delivery.

Section 11Verify source

§ 12JURISDICTION OF THE COURT - 12. Nature of claims and pecuniary jurisdictionProvision

Section 12 lists the types of civil claims the Court handles, allows the Court to exercise other civil jurisdiction under written law, limits the Court's pecuniary jurisdiction to one million shillings, and authorises the Chief Justice to set other pecuniary limits by Gazette notice.

Section 12. Nature of claims and pecuniary jurisdiction Section 12(1)(a) a contract for sale and supply of goods or services; Section 12(1)(b) a contract relating to money held and received; Section 12(1)(c) liability in tort in respect of loss or damage caused to any property or for the delivery or recovery of movable property; Section 12(1)(d) compensation for personal injuries; and Section 12(1)(e) set-off and counterclaim under any contract. Section 12(2) Without prejudice to the generality of subsection (1), the Court may exercise any other civil jurisdiction as may be conferred under any other written law. Section 12(3) The pecuniary jurisdiction of the Court shall be limited to one million shillings. Section 12(4) Without prejudice to subsection (3), the Chief Justice may determine by notice in the Gazette such other pecuniary jurisdiction of the Court as the Chief Justice thinks fit. [Act No. 5 of 2020 , s. 3.]

Section 12Verify source

§ 13JURISDICTION OF THE COURT - 13. Exclusion of jurisdictionCommencement

Claims are excluded from the Small Claims Court where proceedings are before or have been decided by another court; a higher court may transfer claims to a Small Claims Court; certain causes (defamation, land title, employment and labour relations, malicious prosecution) are excluded; a claim is deemed lodged when section 23 is complied with.

Section 13. Exclusion of jurisdiction Section 13(1)(a) proceedings before that other Court were commenced before the claim was lodged with the Small Claims Court; or Section 13(1)(b) claim before the other Court has been withdrawn. Section 13(2) A claim shall not be brought before the Court if proceedings relating to that claim are pending in or have been heard and determined by any other Court. Section 13(3) Subject to section 12 (3), a higher court may transfer a claim to a Small Claims Court. Section 13(4) For the purposes of this section, a claim is deemed to have been lodged with the Court in any case where section 23 has been complied with. Section 13(5) A claim shall not be brought before the Court if the cause of action is founded upon defamation, libel, slander, malicious prosecution or is upon a dispute over a title to or possession of land, or employment and labour relations.

Section 13Verify source

§ 14JURISDICTION OF THE COURT - 14. Prohibition on division of claimsProvision

Claims must not be split or pursued in parts solely to bring each claim within the Court's jurisdiction.

Section 14. Prohibition on division of claims Section No claim shall be divided or pursued in parts for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of the Court.

Section 14Verify source

§ 15JURISDICTION OF THE COURT - 15. Parties to proceedings before the CourtProvision

A person who has been served with notice of a claim under section 25 shall be a party to the proceedings of that claim.

Section 15. Parties to proceedings before the Court Section 15(1)(a) such a person ordinarily resides or carries on business within the local limits of the jurisdiction of the Court; Section 15(1)(b) the subject matter of the claim is situated within the local limits of the jurisdiction of the Court; Section 15(1)(c) the contract to which the claim relates was either made or was intended to be performed within the local limits of the jurisdiction of the Court; Section 15(1)(d) the cause of action arose within the local limits of the jurisdiction of the Court; or Section 15(1)(e) the defendant to the claim resides within the local limits of the jurisdiction of the Court. Section 15(2) Without prejudice to subsection (1), any person against whom notice of a claim has been served under section 25 shall be party to the proceedings of that claim.

Section 15Verify source

§ 16JURISDICTION OF THE COURT - 16. Representative claimsAmendment

Multiple claimants with claims against the same respondent may bring those claims in the name of one of them as a representative if authority is given in writing; the Court may order separate hearings if representation would prejudice the respondent and may grant leave for persons to join; the Court may also order separate hearings.

Section 16. Representative claims Section 16(1) Subject to subsection (2), if two or more persons have claims against the same respondent, such claims may be brought in the name of one of such persons as the representative of some or all of them save that the authority to act as a representative shall be given in writing. Section 16(2) The Court may, if at any stage of the proceedings be of the view that a representative claim may prejudice the respondent, order that the claims of all or any of the persons represented be heard separately. Section 16(3)(a) call and give evidence and make submissions to the Court on any matter arising during the hearing of the claim; Section 16(3)(b) file affidavits, statements or other documents; Section 16(3)(c) agree to an adjournment or change of venue; Section 16(3)(d) agree to a settlement of the claim on such terms as the person thinks fit; or Section 16(3)(e) amend or abandon the claim. Section 16(4) The authority given to a representative under subsection (1) shall not be withdrawn except with leave of the Court. Section 16(5) The Court may, at any time before determining any claim, grant leave to any person to join in the claim as a person represented, on such terms as it may think fit.

Section 16Verify source

Part IV

PROCEDURE BEFORE THE COURT

§ 17PROCEDURE BEFORE THE COURT - 17. Procedure of Small Claims CourtProvision

The Court must control its own procedure for determining claims and must, when doing so, have regard to the principles of natural justice.

Section 17. Procedure of Small Claims Court Section Subject to this Act and Rules, the Court shall have control of its own procedure in the determination of claims before it and, in the exercise of that control, the Court shall have regard to the principles of natural justice.

Section 17Verify source

§ 18PROCEDURE BEFORE THE COURT - 18. Alternative Dispute ResolutionProvision

The Court may adopt and implement alternative dispute resolution (ADR) with parties' consent, may adopt ADR mechanisms, and shall make orders or issue directions necessary to facilitate ADR.

Section 18. Alternative Dispute Resolution Section 18(1) In exercise of its jurisdiction under this Act, the Court may, with the consent of the parties, adopt and implement any other appropriate means of dispute resolution for the attainment of the objective envisaged under section 3 of this Act. Section 18(2) The Court may adopt an alternative dispute resolution mechanism and shall make such orders or issue such directions as may be necessary to facilitate such means of dispute resolution. Section 18(3) Any agreement reached by means of an alternative dispute resolution mechanism shall be recorded as a binding order of the Court.

Section 18Verify source

§ 19PROCEDURE BEFORE THE COURT - 19. Power to summon witnesses and make inquiryProvision

The Court may summon witnesses and require documents; the Court must inquire into any matter it considers relevant to a claim, even if no party raised it.

Section 19. Power to summon witnesses and make inquiry Section 19(1) A Court may, of its own motion or at the request of any party, summon any witness and require the production of any document, record, books of accounts or other thing, which is relevant in any proceedings. Section 19(2) The Court shall inquire into any matter which it may consider relevant to a claim, whether or not a party has raised it.

Section 19Verify source

§ 20PROCEDURE BEFORE THE COURT - 20. Representation before the CourtProvision

A party to proceedings must appear in person or, if unable, be represented by a duly authorised representative; the Court must ensure any non-legal representative has sufficient knowledge and authority before permitting them to act.

Section 20. Representation before the Court Section 20(1) A party to the proceedings shall appear in person or where he or she is unable to appear in person, be represented by a duly authorised representative. Section 20(2) Deleted by ActNo. 5 of 2020, s. 4. Section 20(3) A Court shall, before permitting a person to act as a representative under subsection (1) where the representative is not a legal practitioner, satisfy itself that the person has sufficient knowledge of the case and sufficient authority to bind the party being represented. [Act No. 5 of 2020 , s. 4.]

Section 20Verify source

§ 20APROCEDURE BEFORE THE COURT - 20A. Remuneration of advocatesProvision

The Chief Justice must, in consultation with the Council of the Law Society of Kenya, make orders prescribing and regulating advocates' remuneration for appearances before the Court.

Section 20A. Remuneration of advocates Section The Chief Justice shall, in consultation with the Council of the Law Society of Kenya established under the Law Society of Kenya Act ( Cap. 18 ) make orders prescribing and regulating the remuneration of advocates who appear before the Court. [Act No. 5 of 2020 , s. 5.]

Section 20AVerify source

§ 21PROCEDURE BEFORE THE COURT - 21. Language of the CourtProvision

The Court must, in appropriate cases, facilitate parties' use of indigenous languages, Kenyan Sign Language, Braille and other accessible communication formats and technologies.

Section 21. Language of the Court Section 21(1) English, Kiswahili or any other appropriate language may be used at any stage of the proceedings of Court. Section 21(2) In all appropriate cases, the Court shall facilitate the use by parties of indigenous languages, Kenyan Sign Language, Braille and other communication formats and technologies accessible to persons with disabilities. Section 21(3) Without prejudice to subsections (1) and (2), records of proceedings before the Court shall be kept and maintained in the English language.

Section 21Verify source

§ 22PROCEDURE BEFORE THE COURT - 22. Record of the CourtProvision

Record of the Court: claims and responses filed with the Court by parties.

Section 22. Record of the Court Section claims and responses filed with the Court by parties;

Section 22Verify source

§ 23PROCEDURE BEFORE THE COURT - 23. Filing of claimsCommencement

Sets requirements for filing claims: claims must start with a statement of claim in the prescribed form signed or authenticated by the claimant or authorized representative; parties may present claims orally to an officer who must reduce them to writing; persons whose names appear on lodged claims without authentication must sign before hearing or face having their name struck out and the claim abandoned; parties may file electronically.

Section 23. Filing of claims Section 23(1) Every claim filed with the Court shall commence with the filing of a statement of claim in the prescribed form signed or authenticated by the claimant or authorized representative. Section 23(2) Without prejudice to subsection (1), a party may present his or her claim orally to an officer of the Court, and such officer shall cause the claim to be reduced in writing in the prescribed form signed or authenticated by the claimant. Section 23(3) Any joint claim lodged by two or more claimants shall be admitted for determination notwithstanding that the statement has been signed or authenticated by only one or more of them. Section 23(4) Nothing in this section invalidates a statement of claim signed or authenticated by a representative of a claimant or joint claimants. Section 23(5) Any person in whose name a claim is lodged without his signature or mark authenticating the claim shall be required to sign or authenticate the statement of claim before the commencement of the hearing and determination of the claim. Section 23(6) A person who fails to comply with subsection (5) shall have his or her name struck out of the proceedings and whereupon his or her claim shall be deemed to be abandoned. Section 23(7) Any party may lodge his or her statement of claim or defence by electronic means.

Section 23Verify source

§ 24PROCEDURE BEFORE THE COURT - 24. Form of statement of claimProvision

The statement of claim must include the name and address of each claimant and, for a representative claim, the name and address of each person represented.

Section 24. Form of statement of claim Section the name and address of each claimant and, in the case of a representative claim, the name and address of each person represented;

Section 24Verify source

§ 25PROCEDURE BEFORE THE COURT - 25. Response to claimProvision

The Registrar or a designated officer must serve the respondent with a copy of the statement of claim; the respondent must lodge a written response (including any counter-claim or set-off) in the prescribed form within fifteen days.

Section 25. Response to claim Section 25(1) The Registrar or other officer designated for that purpose shall cause to be served on the respondent a copy of the statement of claim. Section 25(2) The respondent shall lodge with the Court a written response to the claim, including any counter-claim or set-off, in the prescribed form, within fifteen days.

Section 25Verify source

§ 26PROCEDURE BEFORE THE COURT - 26. Admission of claimsProvision

If the respondent admits any part of a claim, the Court must record that admission as an order in favour of the Claimant and then decide the parts not admitted.

Section 26. Admission of claims Section 26(1) Where the respondent admits any part of the claim, the Court shall record the admission as an order of the Court in favour of the Claimant and thereafter proceed to determine any part of the claim that is denied or has not been expressly admitted by the respondent. Section 26(2) The Court may permit a respondent at any time before that Court has made a final order on the claim, to orally admit the claim against the respondent. Section 26(3) The Court may accept any admission to the claim in writing by the respondent if such admission is received before a final order on the claim has been made by that Court. Section 26(4) The Court may, for good cause, refuse to accept an admission made under subsection (1), (2) or (3) and direct the respondent to appear in person before the Court. Section 26(5) If the Court is satisfied that an admission under subsection (1), (2), or (3) is legitimate, the Court may make an order under subsection (1) against the respondent. Section 26(6) Any order made by the Court under subsection (5) may be set aside on the application of the respondent if that Court is satisfied that the admission was not made by the respondent or with the respondent's authority. Section 26(7) An application under subsection (6) shall be made within fourteen days after the date of the order or such further period as the Court may permit.

Section 26Verify source

§ 27PROCEDURE BEFORE THE COURT - 27. Default judgmentProvision

If a respondent fails to respond within the prescribed period the Court may enter judgment for the claimant; if the respondent fails to appear the claimant may apply for an order; the Court shall grant the order if satisfied the claimant is entitled; an order shall not be made unless the Court is satisfied the claim and notice were served under section 25.

Section 27. Default judgment Section 27(1) If the respondent fails to respond to the claim within the prescribed period, the Court may, either on its own motion or on the claimants application enter judgment for the claimant and order the relief sought in the statement of claim. Section 27(2) If a respondent fails to appear at the hearing in person or by a representative, the claimant may apply to the Court for an order to be made against the respondent. Section 27(3) Upon application made by the claimant under subsection (2), the Court shall grant the claimant the order if it is satisfied that the claimant is entitled thereto. Section 27(4) An order shall not be made against a respondent under this section unless the Court is satisfied that a copy of the written claim and the notice of hearing have been served on the respondent under section 25 of this Act.

Section 27Verify source

§ 28PROCEDURE BEFORE THE COURT - 28. Notice of hearingProvision

When the respondent files a written response, the Court must notify the parties of the date, time and place of the hearing.

Section 28. Notice of hearing Section 28(1) Upon receipt of the respondent's written response, the Court shall notify the parties of the date, time and place of hearing of the determination of the claim. Section 28(2) The parties may call witnesses at the hearing in support of their respective claims and the Court may accept any admission to the claim in writing by the respondent if such admission is received before any order on the claim has been made by that Court. Section 28(3) A Court may summon any person to appear before it if, in the Court's opinion, the presence of the person is necessary to enable the Court to determine the questions in dispute in the claim.

Section 28Verify source

§ 29PROCEDURE BEFORE THE COURT - 29. Proceeding by electronic meansProvision

The Court may allow proceedings to be conducted by telephone, videophone or other electronic means, subject to conditions prescribed by the Chief Justice by Rules; the Court may also direct such electronic proceedings to stop and require in-person attendance; orders made in electronic proceedings can be set aside on application if impersonation or lack of authority is shown; such applications must be made within one month or such further time as the Court allows.

Section 29. Proceeding by electronic means Section 29(1) The Court may, on such conditions as the Chief Justice may by Rules prescribe, permit proceedings before that Court to be conducted by telephone, videophone or any other electronic means. Section 29(2) The Court may at any time direct any proceedings before it conducted by electronic means to cease and order the parties to appear in person at a designated place for the hearing. Section 29(3) Any order made by the Court at the proceedings before it by electronic means may be set aside on the application of a person aggrieved by that order if that Court is satisfied that either party has been impersonated or that any person who participated in the hearing did not have authority to represent the party concerned. Section 29(4) An application made under subsection (3) shall be made within one month after the order was made or such further period as the Court may allow.

Section 29Verify source

§ 30PROCEDURE BEFORE THE COURT - 30. Proceeding by documents onlyProvision

If all parties agree, the Court may decide a claim and make orders based only on documents and written submissions presented to it.

Section 30. Proceeding by documents only Section Subject to agreement of all parties to the proceedings, the Court may determine any claim and give such orders as it considers fit and just on the basis of documents and written submissions, statements or other submissions presented to the Court.

Section 30Verify source

§ 31PROCEDURE BEFORE THE COURT - 31. Consolidation of claimsProvision

The Court may consolidate claims when it considers consolidation is in the parties' interest and serves the ends of justice.

Section 31. Consolidation of claims Section 31(1)(a) a common question of fact or law; or Section 31(1)(b) the same cause of action, Section 31(2) The Court may exercise its power to consolidate claims, where it considers that such consolidation is in the interest of the parties and would serve the ends of justice.

Section 31Verify source

§ 32PROCEDURE BEFORE THE COURT - 32. Exclusion of strict Rules of evidenceProvision

The Court is not bound wholly by strict rules of evidence and may admit and seek evidence it considers credible; it may require oaths; Adjudicators can administer oaths and require statutory-declared verification of written evidence; the Court must disclose evidence to parties.

Section 32. Exclusion of strict Rules of evidence Section 32(1) The Court shall not be bound wholly by the Rules of evidence. Section 32(2) Without prejudice to the generality of subsection (1), the Court may admit as evidence in any proceedings before it, any oral or written testimony, record or other material that the Court considers credible or trustworthy even though the testimony, record or other material is not admissible as evidence in any other Court under the law of evidence. Section 32(3) Evidence tendered to the Court by or on behalf of a party to any proceedings may not be given on oath but that Court may, at any stage of the proceedings, require that such evidence or any part thereof be given on oath whether orally or in writing. Section 32(4) The Court may, on its own initiative, seek and receive such other evidence and make such other investigations and inquiries as it may require. Section 32(5) All evidence and information received and ascertained by the Court under subsection (3) shall be disclosed to every party. Section 32(6) For the purposes of subsection (2), an Adjudicator is empowered to administer an oath. Section 32(7) An Adjudicator may require any written evidence given in the proceedings before the Court to be verified by statutory declaration.

Section 32Verify source

§ 33PROCEDURE BEFORE THE COURT - 33. Cost of proceedingsProvision

The Court may award costs or disbursements to a successful party; otherwise parties must bear their own costs.

Section 33. Cost of proceedings Section 33(1) The Court may award costs to the successful party in any proceedings. Section 33(2) In any other case parties shall bear their respective costs of the proceedings. Section 33(3) Without prejudice to subsections (1) and (2), the Court may award to a successful party disbursements incurred on account of the proceedings. Section 33(4) Except as provided in subsection (2), costs other than disbursements, shall not be granted to or awarded against any party to any proceedings before a Court. [Act No. 5 of 2020 , s. 6.]

Section 33Verify source

§ 34PROCEDURE BEFORE THE COURT - 34. Expeditious disposal of casesProvision

The Court must hear and determine proceedings promptly—on the same day or day-to-day—and finalize matters within sixty days of filing; judgments must be delivered same day or within three days of hearing; the Court may adjourn only for recorded exceptional and unforeseen circumstances and only up to three adjournments, with enumerated example circumstances.

Section 34. Expeditious disposal of cases Section 34(1) All proceedings before the Court on any particular day so far as is practicable shall be heard and determined on the same day or on a day to day basis until final determination of the matter which shall be within sixty days from the date of filing the claim. Section 34(2) Judgment given in determination of any claim shall be delivered on the same day and in any event, not later than three (3) days from the date of the hearing. Section 34(3) The Court may only adjourn the hearing of any matter under exceptional and unforeseen circumstances which shall be recorded and be limited to a maximum of three adjournments. Section 34(4)(a) the absence of the parties concerned or their advocate or other participants to the proceedings required to appear in court for justified personal reasons which may include sickness, death, accident or other calamities; Section 34(4)(b) an application by a party for the Adjudicator to withdraw from hearing the matter; Section 34(4)(c) a request by parties to settle the matter out of court; Section 34(4)(d) an appeal filed in the matter where orders of stay of proceedings have been granted; Section 34(4)(e) an application by a party to summon new witnesses to court, collect new evidence, new inspection or evaluation or supplementary investigation on the subject matter of the case; and Section 34(4)(f) any other exceptional and unforeseen circumstances which in the opinion of the court justifies or warrants an adjournment.

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§ 35PROCEDURE BEFORE THE COURT - 35. Withdrawal of claimProvision

A claimant or joint claimant may withdraw their claim at any time before final judgment.

Section 35. Withdrawal of claim Section 35(1) A claimant or joint claimant may, at any time before final judgment withdraw the claim. Section 35(2) The withdrawal of a claim by any person pursuant to subsection (1) shall not prejudice the hearing and determination of any counterclaim lodged by the respondent.

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§ 36PROCEDURE BEFORE THE COURT - 36. Orders of the CourtProvision

Section 36 lists possible court orders (payment, restitution, recovery, dismissal, and ancillary orders), caps payments under subsection (1)(a) at a prescribed limit, requires the Court to arrange prompt service of orders, and allows the Court to make any necessary orders or directions to achieve the Act's purposes.

Section 36. Orders of the Court Section 36(1)(a) order to pay money either in lump sum or by instalments; Section 36(1)(b) an order for the restitution of any movable property; Section 36(1)(c) an order for the recovery of any sum in relation to performance of a contract; Section 36(1)(d) an order dismissing the claim to which the proceedings relate; or Section 36(1)(e) any such consequential or ancillary orders as may be necessary including, any stipulations or conditions for the enforcement of its orders or directions. Section 36(2) An order made under subsection (1)(a) shall not require payment of money exceeding the prescribed limit. Section 36(3) The Court shall arrange for a copy of an order made under subsection (1) to be served on the person against whom it is made promptly. Section 36(4) Nothing in this section precludes the Court from making any order or giving any direction it thinks necessary for the achievement of the purposes of this Act.

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§ 37PROCEDURE BEFORE THE COURT - 37. Enforcement of orders to pay moneyProvision

Orders by the Court requiring payment shall be enforced in accordance with this Act.

Section 37. Enforcement of orders to pay money Section 37(1) Every order made by the Court requiring a party to pay money shall be enforced in accordance with the provisions of this Act. Section 37(2) Where an application is made to the Court for the issue of any process to enforce an order requiring a party to pay money to another as an alternative to compliance with a work order, that Court shall give notice of application to the party against whom enforcement is sought. Section 37(3) If the party referred to in subsection (2) does not file in the Court within the period prescribed for so doing a notice of objection in the prescribed form, the order may, after the expiry of that period, be enforced pursuant to subsection (1). Section 37(4) The notice referred to in subsection (3) may only be given on the ground that it is the belief of the party that the order of the Court has been fully complied with and that the party therefore disputes the entitlement of the applicant to enforce it. Section 37(5) If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed period, the matter shall be determined as provided under section 40 . Section 37(6) No filing fee shall be payable by a person who seeks to enforce an order pursuant to subsection (1) but any fee which would otherwise be payable shall be included in and be considered as part of the award of the Court and shall be recoverable from the opposite party for the credit of the Consolidated Fund.

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§ 38PROCEDURE BEFORE THE COURT - 38. AppealsProvision

A person aggrieved by a Court decision or order may appeal that decision or order to the High Court on matters of law.

Section 38. Appeals Section 38(1) A person aggrieved by the decision or an order of the Court may appeal against that decision or order to the High Court on matters of law. Section 38(2) An appeal from any decision or order referred to in subsection (1) shall be final.

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Part V

EXECUTION OF THE DECREE

§ 39EXECUTION OF THE DECREE - 39. Procedure for executionProvision

If the judgment debtor's movable property is insufficient to satisfy the decree, order execution by attachment and sale of the judgment debtor's immovable property.

Section 39. Procedure for execution Section where the judgment debtor's movable property is insufficient to satisfy the decree, order execution by attachment and sale of the judgment debtor's immovable property;

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§ 40EXECUTION OF THE DECREE - 40. Manner of executionProvision

If a judgment debtor does not pay the decree in whole or in part as ordered, the Court may order execution against the debtor's immovable property or other assets.

Section 40. Manner of execution Section Where the judgment debtor fails to discharge the decree in whole or in part within the time or in the terms, if any, specified in any order of the Court, the Court may order execution to issue against the judgment debtor's immovable property or any other of his or her assets.

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§ 41EXECUTION OF THE DECREE - 41. Review of orders or awards of the CourtProvision

An application to review an order or award under subsection (1) must be made within thirty days of the order or award or within such other period as the court may allow.

Section 41. Review of orders or awards of the Court Section 41(1)(a) the order was made ex-parte without notice to the applicant; Section 41(1)(b) the claim or order was outside the jurisdiction of the Court; Section 41(1)(c) the order was obtained fraudulently; Section 41(1)(d) there was an error of law on the face of the record; or Section 41(1)(e) new facts previously not before the Court have been discovered by either of the parties. Section 41(2) The application referred to under subsection (1) shall be made within thirty days of the order or award sought to be reviewed or such other period as the court may allow.

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§ 42EXECUTION OF THE DECREE - 42. Stay of execution on reviewProvision

Filing an application for review does not automatically stay execution of an order unless the Adjudicator orders otherwise; any stay may be subject to conditions the Adjudicator considers fit.

Section 42. Stay of execution on review Section 42(1) The filing of an application for review shall not operate as a stay of execution of an order unless the Adjudicator otherwise orders. Section 42(2) Any stay of execution may be subject to such conditions as to costs, payment into the Court, the giving of security or otherwise as the Adjudicator considers fit.

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§ 43EXECUTION OF THE DECREE - 43. Setting aside of ordersProvision

The Court may, when a party applies, set aside any of its orders and make further orders it thinks just.

Section 43. Setting aside of orders Section The Court may on the application of any party to the proceedings set aside any of its orders and make such further orders as it thinks just.

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Part VI

MISCELLANEOUS PROVISIONS

§ 44MISCELLANEOUS PROVISIONS - 44. Payment of a fee for a copy of the recordProvision

A party to the claim may obtain a copy of the Court record if they pay a nominal prescribed fee.

Section 44. Payment of a fee for a copy of the record Section Any party to the claim shall, upon payment of a nominal prescribed fee, be entitled to a copy of the record of the Court and such record shall be admissible in evidence before any other Court for the purposes of any proceedings before that other Court.

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§ 45MISCELLANEOUS PROVISIONS - 45. Protection from liabilityProvision

Adjudicators, officers of the Court and other persons executing lawful court process are not liable for acts or omissions done in good faith while lawfully performing judicial functions.

Section 45. Protection from liability Section An Adjudicator or an officer of the Court or other person bound to execute the lawful warrants, orders or other process of the Court shall not be liable in an action or suit in respect of anything done or omitted to be done in good faith and in the lawful performance of judicial functions.

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§ 46MISCELLANEOUS PROVISIONS - 46. Removal and discipline of AdjudicatorsProvision

The provisions of the Judicial Service Act about removal and discipline of Magistrates apply, with necessary modifications, to the discipline and removal of Adjudicators.

Section 46. Removal and discipline of Adjudicators Section The provisions of the Judicial Service Act (Cap. 8A) relating to the removal and discipline of Magistrates shall apply with necessary modifications to the discipline and removal of Adjudicators.

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§ 47MISCELLANEOUS PROVISIONS - 47. Contempt of CourtOffence

It is an offence for a person to commit various acts of contempt of court (listed in subsection (1)); a police officer may, by court order, take such a person into custody until adjournment; on conviction the person is liable to imprisonment not exceeding five days or a fine not exceeding one hundred thousand shillings, or both.

Section 47. Contempt of Court Section 47(1)(a) assaults, threatens, intimates or wilfully insults an Adjudicator, judicial officer or a witness, involved in a case during a sitting or attendance in a court, or while the Adjudicator, judicial officer or witness is travelling to and from a court; Section 47(1)(b) wilfully and without lawful excuse disobeys an order or direction of the court in the course of the hearing of proceedings; Section 47(1)(c) within the premises in which any judicial proceedings are being heard or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceedings, or any person before whom such proceedings are being heard or taken; Section 47(1)(d) having been called upon to give evidence in a judicial proceeding, fails to attend, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceedings are being heard or taken after the witnesses have been ordered to leave such room; Section 47(1)(e) causes an obstruction or disturbance in the cause of judicial proceedings; Section 47(1)(f) while judicial proceedings are pending, makes use of any speech or writing misrepresenting such proceedings or capable of prejudicing any person in favour of or against any parties to such proceedings, or calculated to lower the authority taken; Section 47(1)(g) publishes a report of the evidence taken in any judicial proceedings that has been directed to be held in private; Section 47(1)(h) attempts wrongfully to interfere with or influence a witness in judicial proceedings, either before or after he or she has given evidence in connection with such evidence; Section 47(1)(i) dismisses a servant because he or she has given evidence on behalf of a party to judicial proceedings; or Section 47(1)(j) commits any other act of intentional disrespect to any judicial proceedings, or to any person before whom such proceedings are heard or taken, Section 47(2) A police officer may, by order of the Court, take into custody and detain a person who commits an offence under subsection (1) until the court adjourns. Section 47(3) A person who commits an offence under subsection (1) shall on conviction be liable to imprisonment for a term not exceeding five days, or to a fine not exceeding one hundred thousand shillings, or to both. Section 47(4) In exercise of its powers under this section, the court shall observe the principles of fair administration of justice set out in Article 47 of the Constitution.

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§ 48MISCELLANEOUS PROVISIONS - 48. Right to lodge claim in other CourtsProvision

A person may lodge in another Court a claim that is within the Court's jurisdiction if they choose to bring proceedings there.

Section 48. Right to lodge claim in other Courts Section Nothing in this Act precludes a person from lodging a claim that is within the jurisdiction of the Court in any other Court if that person elects to institute proceedings in that other Court to hear and determine that claim.

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§ 49MISCELLANEOUS PROVISIONS - 49. Seal of the CourtProvision

Every Court must use seals or stamps of the kind and pattern that the Chief Justice may direct.

Section 49. Seal of the Court Section Every Court shall use seals or stamps of such kind and pattern as the Chief Justice may direct.

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§ 50MISCELLANEOUS PROVISIONS - 50. Power to make RulesInterpretation

The Chief Justice may make rules of practice and procedure for the better functioning of the Court.

Section 50. Power to make Rules Section 50(1) The Chief Justice may make Rules of practice and procedure for the better functioning of the Court. Section 50(2)(a) the purpose and objective of the delegation under this section is to enable the Chief Justice to make rules to provide for the better carrying into effect the provisions of this Act; Section 50(2)(b) the authority of the Chief Justice to make Rules under this Act shall be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; Section 50(2)(c) the principles and standards applicable to the Rules made under this section are those set out in the Interpretation and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act ( Cap. 2A ).

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§ 51MISCELLANEOUS PROVISIONS - 51. Code of conduct for AdjudicatorsCommencement

The Chief Justice must, within six months of the commencement of the Act, prescribe a code of conduct for Adjudicators.

Section 51. Code of conduct for Adjudicators Section The Chief Justice shall within six months of the commencement of this Act, prescribe the code of conduct applicable to an Adjudicator.

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Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Adjudicators The provisions of the Judicial Service Act
Section 46
Chief Justice to make Rules under this Act
Section 50

G–M

2 instruments

Judicial Service Act
Sections 2, 7
Law Society of Kenya established under the Law Society of Kenya Act
Section 20A

N–S

1 instrument

Small Claims Court Section Subject to this Act
Section 17

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31 Dec 2022 · currentEnglish

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