Kenya’s Small Claims Courts have played a crucial role in boosting the economy by returning Sh21 billion since their creation in 2021, Chief Justice Martha Koome has said. Speaking at the third annual Small Claims Courts symposium, she noted that the funds have been instrumental in supporting small businesses, farmers, traders, and micro-entrepreneurs across the country.
“By offering simple, affordable, and expeditious mechanisms for resolving everyday disputes, the SCC represents a profound shift toward people-centred justice,” she said.
The courts were introduced to tackle the persistent backlog of cases that has slowed down the judiciary for years. They handle disputes involving sums below Sh1 million and are designed to manage common cases such as sale and supply contracts, debt recovery, claims for personal injury, and other routine matters.
The Small Claims Courts aim to resolve cases within 60 days of filing, with hearings conducted daily until the matter is concluded. The process is intentionally simplified: parties are not required to follow strict technical procedures and can represent themselves, making justice accessible to the wider public.
Justice Koome highlighted a surge in the use of the courts, reporting that 158,357 cases were filed in the last financial year, up from 41,524 the year before. Of these, 155,227 were resolved, showing a marked improvement in the speed and efficiency of case handling.
To strengthen the system further, the Chief Justice has appointed a committee chaired by High Court Judge Anthony Mrima to review the Small Claims Courts Act and its Rules. The committee will focus on eliminating inconsistencies, defining jurisdiction clearly, and ensuring the courts continue to uphold their original purpose.
Among the issues to be addressed are conflicting interpretations of the court’s authority, the handling of complex commercial matters, and contradictions between the Act and the Rules, which have created uncertainty for users and adjudicators.
Justice Koome emphasized that these measures are meant to ensure ordinary Kenyans have easier access to justice, particularly those involved in small and micro-scale economic activities. The reforms aim to make the courts a practical, reliable, and efficient avenue for resolving everyday disputes, supporting both economic growth and public confidence in the judicial system.
