Small Claims Court Act

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

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 pro...

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 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 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 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 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 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 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 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 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 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 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 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 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 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...

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

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...

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 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 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...

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 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 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 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 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 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...

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 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...

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.

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.

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 4...

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.

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 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;

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.

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.

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.

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.

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.

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.

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.

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...

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.

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.