How small claims courts transform delivery of justice

The justice system of any society forms the bedrock of its civil order and social cohesiveness. Chief Justice Martha Koome's progressive leadership is transforming Kenya's justice landscape, providing much-needed accessibility and efficiency.

This is positively impacting both the nation's justice system and its overall socio-economic climate. The CJ has championed establishment of specialised courts targeting specific needs and challenges of the society especially the vulnerable and marginalised groups. Among these courts are the Small Claims Courts (SCCs), the Sexual and Gender Based Violence Courts (SGBV Courts), and the Children's Courts.

These specialised courts are putting in place a people-centred justice system that is equitable, inclusive and expeditious as championed in the Judiciary's strategic vision 'Social Transformation through Access to Justice (STAJ)'.

The SCC, in particular, has demonstrated the potential and impact of specialised courts in enhancing access to justice, expediting dispute resolution and unlocking economic opportunities.

The SCC was established by the Small Claims Court Act of 2016, and operationalised in 2021. The statute provides for adjudication of commercial claims not exceeding Sh1 million by adjudicators outside the mainstream magistrates' court system.

The SCC aims to provide a simple, fast and affordable way of resolving small claims without following strict rules of evidence and procedure.

By June 2023, 12 SCCs and 1 sub-registry had been established in 12 counties, covering most of the major urban and commercial centres. A further 15 SCCs in the financial year 2023/2024 will be established. Over 40,000 cases have been registered in two years, reflecting the high demand.

Over 30,000 cases worth Sh5.4 billion have been heard and determined in various SCCs. This is the value of finances unlocked back to the economy through speedy conclusion of cases. The SCC is signalling the beginning of an era where justice is no longer a distant dream but an attainable reality for the common man.

The SCC has maintained a median time of 51 days for hearing and determination of cases, well within the 60 days' statutory timeline within which the SCC should hear and determine cases. The historic problem of delayed justice is finally being tackled.

This has resulted in significant reduction of time taken to enforce simple commercial disputes, which used to take years or even decades in the ordinary courts. This has led to enhanced access to justice to Small and Medium Enterprises (SMEs), which are the backbone of our economy and account for over 80 per cent of job opportunities.

The SCC is also leveraging on technology and innovation to improve its service delivery. It has embraced e-filing, which allows litigants to file their claims online from anywhere and at any time.

The SCC has operationalised an end-to-end automation of all court and registry services, which has streamlined registry operations and ensured that there is equal access to registry services by guaranteeing a first in first out criteria for all inwards requests.

-The writer is a legal counsel