Small claims court is a game changer in access to justice

Justice Alfred Mabeya, the Presiding Judge, Commercial and Tax Division. [File, Standard]

Chief Justice (CJ) Emeritus Willy Mutunga's vision; 'Judiciary Transformation Framework 2012-2016' set the Judiciary on a reform trajectory.

Enhancing access to justice was identified as a critical area for reform and operationalisation of Small Claims Court was viewed as key to achieving this.

The operationalisation of the court in April, 2021 heralded a new dawn in the administration of justice as it actualised the Judiciary's long held vision of making dispensation of justice more people-centred.

CJ Martha Koome has in her vision of 'Social transformation through access to justice' underscored the need to widen the access to justice space to the marginalised sections of the citizenry through the adoption of the multi-door approach to justice by way of use of avenues such as Alternative Dispute Resolutions Mechanisms, tribunals, Alternative Justice Systems and the roll out of the Small Claims Court to strategic and high impact locations.

World over, weak judicial systems characterised by huge case backlogs, complex legal procedures, low clearance rates, high court fees and delays in obtaining judgments constitute barriers to access to justice. Due to the already existing imbalance in obtaining judicial services, the vulnerable, marginalised, unrepresented, MSMEs are the most affected by such weaknesses in the justice system.

From a business angle, these barriers further form obstacles to a healthy business climate and incentivise businesses and litigants to solve their disputes outside the realms of the legal system. It was therefore critical that targeted result focused interventions be put in place such as the operationalisation of the Small Claims Court to mitigate these barriers.

The logic behind the establishment of the Small Claims Court was to enhance the access to and expeditious delivery of justice and provide a platform where civil and commercial disputes whose value does not exceed Sh1 million are dealt with in a simple, efficient and cost-efficient manner.

The court is also intended to help reduce the backlog in the Magistrates' Court which as at June 2022 stood at 521,823 pending cases with a total of 233,177 of those cases being older than three years. The Small Claims Court aims at promoting a people-centric approach to access to justice by affording the citizenry justice services that are accessible, inclusive, efficient, timely and responsive.

Through its simplified procedures and cost-effectiveness, the court has ensured the scaling up of access to justice. The operationalisation of the court is designed to contribute towards achieving equality, poverty reduction and social inclusion by ensuring all have equal access to fair and timely justice. Determination of cases at a record 60 days has become a game-changer.

The launch of Meru Small Claims Court today marks the close of the first phase of the operationalisation of these courts. Twelve courts have already been rolled out in Nairobi, Kajiado, Kiambu, Machakos, Nyeri, Uasin Gishu, Nakuru, Kakamega, Kisumu and Mombasa.

-Justice Mabeya is the Presiding Judge, Commercial and Tax Division