Growing pressure on the Small Claims Courts has pushed the Judiciary to roll out new plans aimed at easing delays and strengthening service delivery as more Kenyans turn to the courts for quick resolution of disputes.
Chief Justice Martha Koome said the courts have recorded a steep increase in filings since they became operational, a trend that has stretched available staff and finances. She said the Judiciary is now moving to ensure the courts continue to serve the public without long waiting periods.
Commenting on the rising workload, Koome said the "surge in disputes has put pressure on existing human and financial resources, necessitating urgent intervention."
To respond to the strain, the Judiciary is considering the recruitment of more magistrates, assigning case managers, and engaging the National Assembly and the National Treasury to secure funding for additional adjudicators.
Koome said further changes are also being reviewed, including the "establishment of a special division to handle road traffic accident claims within 60 days, streamlining appellate mechanisms for civil claims in the Magistrates’ Courts and the High Court, and collaborating with the Law Society of Kenya to ensure advocates support faster and simplified dispute resolution."
The Small Claims Court was rolled out in April 2021 to offer an affordable and fast option for resolving civil disputes involving amounts not exceeding Sh 1 million. The courts were introduced to reduce delays and limit lengthy litigation that often locks out ordinary citizens.
Since then, the courts have expanded across the country, with 40 stations currently in operation. Koome said the expansion has improved access but has also driven a sharp increase in case filings.
She said the growth is evident in the numbers. "New cases increased from 1,023 in the 2020/2021 financial year to 158,357 in the 2024/2025 financial year, a trend she said demonstrates growing public confidence in simplified and faster dispute resolution."
Despite the success, the Chief Justice acknowledged that the growing workload has created the need for more judicial officers and support staff. She said the Judicial Service Commission is reviewing plans to strengthen staffing levels to speed up case handling.
As part of the response, Koome has appointed a Small Claims Court Standing Committee chaired by Justice Anthony Mrima. The committee has been tasked with reviewing existing laws and proposing changes aimed at improving clarity, efficiency, and long-term stability.
The committee will consult stakeholders over the next 60 days while ensuring the courts retain their people-focused and simplified approach.
The Judiciary said the proposed legal amendments under review are meant to bring the Small Claims Court back to its original purpose of providing a fast, simple, and affordable justice option, especially for small traders, workers, and consumers.
The Judiciary said that as access to justice expands, equal attention must be given to strengthening court systems, improving legal clarity, and supporting judicial officers so that justice is not delayed for any Kenyan.
