The Small Claims Court in Kenya is a subordinate court established under Article 169(1)(d) of the Constitution and governed by the Small Claims Court Act, 2016. This court provides a fast and cost-effective dispute resolution mechanism for minor civil claims.
The Chief Justice is responsible for designating Small Claims Courts by publishing a notice in the Kenya Gazette, outlining their geographical jurisdiction.
1. Structure of the Small Claims Court
The Small Claims Court is presided over by an adjudicator rather than a judge or magistrate. An adjudicator must meet the following qualifications:
- Be an advocate of the High Court of Kenya.
- Have at least three years of experience in the legal field.
The Judicial Service Commission (JSC) is responsible for appointing:
- Adjudicators
- Registrars
- Other court officers required for the efficient functioning of the court.
The Chief Justice may also appoint judicial officers to serve as adjudicators, either on a full-time or part-time basis.
2. Jurisdiction of the Small Claims Court
The Chief Justice determines the local limits of the Small Claims Court’s jurisdiction and publishes them in the Kenya Gazette.
The goal is to ensure accessibility by establishing Small Claims Courts in:
- Every sub-county.
- Other decentralized judicial service units.
Types of Cases Handled
The Small Claims Court has jurisdiction over civil cases related to:
- Contracts – Sale and supply of goods or services.
- Money disputes – Claims related to money held and received.
- Tort liability – Claims involving loss or damage to property and delivery or recovery of movable property.
- Compensation for personal injuries.
- Set-off and counterclaims under any contract.
The court does not handle:
- Criminal cases
- Family law matters (e.g., divorce, child custody)
- Employment disputes
- Land disputes
- Constitutional or human rights cases
Financial Jurisdiction
- The Small Claims Court can hear cases involving claims up to KES 1 million.
- The Chief Justice may revise this limit through a Gazette notice.
3. Expansion of Jurisdiction
The Small Claims Court Act allows the court to exercise additional jurisdiction if provided by any other written law.
This means that in the future, the Chief Justice or Parliament may expand the jurisdiction of the Small Claims Court to handle more cases, increasing access to justice.
For more details on the jurisdiction of the Small Claims Court, refer to the Small Claims Court Act on the Kenya Law website:
Read the Small Claims Court Act
