On 23rd April 2021, Lady Justice Philomena Mbete Mwilu, Acting Chief Justice and President of the Supreme Court of Kenya established the first Small Claims Court at Milimani Commercial Courts, Nairobi effective 27th April 2021. This was in exercise of the powers conferred upon the Chief Justice under Section 4 (2) of the Small Claims Act, No. 2 of 2016 Laws of Kenya.
The Acting Chief Justice also appointed Hon. Stella Waigwe Kanyiri as the Acting Registrar of the Court for a period of one year with effect from 27th April 2021.
The establishment of the Small Claims Court at Milimani Commercial Courts has set course for the establishment of other small claims courts in other counties as anticipated by the Small Claims Act. The Court will handle civil claims relating to contract for sale and supply of goods or services, contracts relating to money held and received, liability in tort in respect to loss or damage caused to any property or for the delivery or recovery of movable property, compensation for personal injuries and set off and counter claims. The Act sets the pecuniary jurisdiction for these claims at Kshs.1,000,000/- although the same may be adjusted by the Chief Justice vide a gazette notice.
The gazette notice may be accessed here.
The Small Claims Act No. 2 of 2016 may be accessed here.
Please contact us at info@cfllegal.com should you require further information.
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