By Diana Wanyonyi
Mombasa County, Kenya: Kenyans have been urged to embrace the use of a small claims court that has been in existence for three years now, which helps reduce case backlogs and decongest the courts. Once the case is open it is completed in two months.
Speaking in Mombasa during a reflection meeting on the small claims court project – strengthening stakeholder collaboration for enhanced justice delivery, Sisters of Justice – a civil society organization that focuses on advocacy for justice and the empowerment of women and children is at the forefront of empower and educate Kenyans to know their rights.
Sisters of Justice – director Naila Abdullah said that the court has been able to solve many matters in a short period.
“These courts have made it easy to resolve case matters and debts, statistics that have shown that more than 3,000 cases were recorded in court and have been listened to, moreover, millions of money have been paid to those who were returned from debtors to those who file the complaint. This is a good move. We all know that Kenyans are grumbling with economic challenges, so we are encouraging them not to take the law into their own hands if there is any complaint about debts. This court will resolve the matter amicably”. She said.
Once a complainant files a case, it is recorded and court proceedings start within 60 days. A complainant does not need to be represented by lawyers.
According to Naila, the major challenge is that many Kenyans are not aware of the existence of this court, making it difficult for the judiciary to reduce the case backlog. “Many Kenyans are not aware of these small claims courts and also there is complexity where the public file small claims matter to a different court and vice versa. This is the reason why we are urging Kenyans to make use of this court”.
Mary Kiroriti, a Mombasa-based lawyer, said the court is limited for civil debts and personal injury, “the small claims court is limited. “There is a limitation in the small claims courts: you can only claim any amount below one million shillings, if you have any amount that is above one million you may now have to forfeit it. ”
