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Kenyans Urged To Embrace Small Claims Courts To Settle Disputes

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Kenyans have been urged to embrace small claims courts as an alternative dispute resolution mechanism.

Established under the 2016 Small Claims Court Act and rolled out in 2021, the courts have played a significant role in reducing the backlog of cases in the judiciary.

The courts have jurisdiction to hear and determine civil claims of up to Sh1 million and cases determined within 60 days from the day of filing.

A total of 12 court stations were established in Milimani (Nairobi), Kajiado, Thika, Eldoret, Machakos, Nyeri, Naivahsa, Nakuru, Kakamega, Kisumu, Mombasa and Meru.

The courts have heard and determined about 27,000 cases since they were rolled out in 2021.

Speaking in Mombasa during a one day stakeholders sensitization meeting on e-justice services and small claims court, Sisters for Justice Executive Director Naila Abdallah called on residents to embrace using the court to settle disputes.

“We are here to sensitize people on the need to embrace the form of alternative dispute resolution mechanism because we are live to the fat that there are a lot of disputes within the community,” said Abdalla.

She added  “People at the lower carder within the society have been exchanging goods and services and giving each other loans but fail to pay. Some get loans from chamas and saccos but when they fail to pay, properties repossessed by lenders are more valuable compared to the loan taken leading to disputes arising.”

She called on residents to make use of the courts saying that it is simple to use and requires no legal training for anyone to be able to use.

To lodge a case simply costs one Sh1,000 only.

“The court has been digitized and they can file cases through their phones,” she said.

Judy Philip, an advocate with the high court  in Mombasa who has been working closely with sisters for justice to offer legal aid said the small claims courts are very useful and  have been able to help in reducing the backlogs at the main courts.

“Not many people are aware about these courts. They need to understand that this court is people centered and very efficient and easy to use,” said Philip.

Steven Oguna, the executive director Chema initiative said the courts are offering alternative dispute resolution mechanisms which also include diversion and mediation.

“This is a plus for the judiciary system as it has reduced backlog of cases in courts,” Oguna said.

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