The Hon. Chief Justice Emeritus, Hon
The operationalization of the Court in April, 2021 heralded a new dawn in the administration of justice in
World over, weak judicial systems characterized by huge case backlogs, complex legal procedures, low clearance rates, high court fees and delays in obtaining judgments constitute barriers to access to justice. Due to the already existing imbalance in obtaining judicial services, the vulnerable, marginalized, unrepresented, Micro,
From a business angle, these barriers further form obstacles to a healthy business climate and incentivize businesses and litigants to solve their disputes outside the realms of the legal system. It was therefore critical that targeted result focused interventions be put in place; such as the operationalization of the Small Claims Court amongst other key interventions to mitigate these barriers which have the ability to overall limit access to justice and affect the country's business environment.
The underpinning logic behind the establishment and subsequent operationalization of the Small Claims court was to enhance the access to and expeditious delivery of justice and to further provide a platform within the justice system where civil and commercial disputes whose value does not exceed
The Court is also intended to help reduce the backlog in the Magistrates' Court which as at
Through its simplified procedures and cost effectiveness, the Court has ensured the scaling up of access to justice as envisioned under Article 48 the constitution. The bottom up approach to access to justice is then able to create and prioritize basic and community level justice. By and large, the operationalization of the Court is designed to contribute towards achieving equality, poverty reduction and social inclusion by ensuring that all have equal access to fair and timely justice. Determination of cases at a record 60 days has become a game changer.
The official launch of the Meru Small Claims Court on
For the close to two years the various Small Claims Courts have been operational, they have all together heard and determined over eighteen thousand cases with claims in excess of Ksh3.7 billion. Giving credence to its character, and as
The timely determination of commercial disputes has enabled the unlocking of billions of shillings which would otherwise have been tied up in lengthy litigation. Further, the various courts have adopted and infused technology into their various processes such as the adoption of virtual courts and the enhancement of the court's e-filing system which has seen the service delivery timelines in the various registries greatly enhanced.
Unlike many jurisdictions with similar courts, the Small Claims Court Act has provided an avenue for appeals to the
In order not to lose sight of the objective of the Small Claims Court Act, of timely and uncomplicated processes, there are plans to amend the Act to allow the
With a view to achieving national coverage and promote accessibility, the Court will be strategically rolled out to other parts of the country in due course. In this regard and if the momentum is to be maintained, it is imperative that both capital and human resources be made available to ensure the successful roll out. At present, the Chief Justice has designated twenty-nine serving Resident Magistrates from the Magistrates' Court to serve as Adjudicators in these Small Claims Courts.
For the Court's enhanced and effective performance, it is critical that the optimal numbers of Adjudicators and staff for the Court be recruited if the Court is to achieve the set statutory timelines of sixty (60) days for hearing and determination of disputes. Further, the start-up courts require resources for infrastructural set up, both physical and ICT, which if fully integrated in the court and registry processes will make service delivery more accessible and efficient.
As we start the new year, it will be interesting to see role the Small Claims Court will play toward the creation of enabling environment for Micro,
Copyright Capital FM. Distributed by AllAfrica Global Media (allAfrica.com)., source