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.

The Court must be presided over by an Adjudicator.

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.

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).

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

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.

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 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.

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.

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

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

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.

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

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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

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.

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

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

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.

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

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.

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

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.

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

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

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.

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.

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.

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.

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

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

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.

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

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.

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

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

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

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