How MSME tribunal speeds up the wheels of justice for hustlers

Jua Kali artisans at work at a stall in Naivasha, Nakuru County. [Antony Gitonga, Standard]

"The cost in so far as filing the cases is affordable. Once you file a case at Sh1,500, we will hear the case from the beginning to the end. Our rules provide that we determine disputes within 60 days," Bett told The Sunday Standard in an interview at the Supreme Court library.

The MSME tribunal was previously housed under ministries, but it has now been placed under the Judiciary.

The tribunal primarily deals with commercial disputes involving MSME members and other aggrieved individuals. These disputes may include issues related to the allocation of worksites as well as matters concerning the management or mismanagement of MSMEs.

Additionally, the tribunal is responsible for resolving lending disputes among MSMEs, their associations, and lenders within the sector. It also addresses human resource issues and disputes arising from local and international e-commerce transactions involving entities registered by the MSME Authority.

Appeals of decisions made by the registrar of associations, such as the deregistration of associations or the refusal to register them, are also initially heard at the tribunal. The tribunal's verdicts can be further appealed at the High Court.

Leadership wrangles are not uncommon in associations within the MSME world. Robert Katina, the Vice Chairperson of the MSME Tribunal, says many small enterprises often resort to the small claims court.

Motorbikes were impounded by the police after riders flouted traffic rules along Kenyatta Avenue near the GPO roundabout on March 8, last year. [David Gichuru, Standard]

Unlike the small claims court, the tribunal's jurisdiction is not limited to handling disputes worth a maximum of Sh1 million.

"The court may not be fully equipped to decipher the cases that we deal with, but we have had cases that have been referred to us," Katina said.

That calibre of leadership enables the tribunal to form two separate panels chaired by the chair and vice-chair, respectively, as it only requires a minimum of three persons to hear and determine a case.

Besides the chair and vice-chair, the tribunal comprises two representatives from the Law Society of Kenya with at least seven years of legal experience, two advocates with knowledge of the MSME industry and two members from the MSMEs.

"As a tribunal, we know these people are in the same industry, and we need to achieve peace. We encourage the parties to pursue alternative dispute resolution mechanisms," the chairperson said.

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