Introduction:

The legal system in Kenya provides a platform for resolving disputes through various judicial mechanisms. Small Claims Court is a specialized forum established to expedite the resolution of minor civil disputes quickly and affordably. This article aims to provide a comprehensive overview of Small Claims Court in Kenya, explaining its purpose, procedures, and significance in the country's legal landscape.

What is Small Claims Court?

Small Claims Court is a simplified court process designed to provide accessible and cost-effective resolution for low-value civil claims. Its primary objective is to offer a swift and informal mechanism for individuals and small businesses to seek justice without the need for complex legal procedures or representation.

Jurisdiction and Limitations:

Small Claims Court has limited jurisdiction, focusing on cases involving monetary claims up to a specified amount, which may vary from jurisdiction to jurisdiction. In Kenya, the Small Claims Court can hear claims involving amounts up to Ksh 1,000,000. These claims often involve matters such as unpaid debts, contract disputes, property damage, or disputes over services provided.

Procedures and Process:

1. Filing a Claim: To initiate a case, the plaintiff must complete a simple claim form available at the Small Claims Court. The form should provide clear details of the claim, including the parties involved, the amount sought, and a brief description of the dispute.

2. Serving the Defendant: After filing the claim, the plaintiff must serve a copy of the claim form to the defendant. This can be done through personal delivery or registered mail. Proof of service is essential to ensure the defendant receives adequate notice of the claim.

3. Response by the Defendant: Once served, the defendant has a limited time to respond to the claim. The defendant can either accept the claim, leading to an agreed resolution, or deny the claim, prompting the matter to proceed to a hearing.

4. Pre-Hearing Conference: In some cases, the court may schedule a pre-hearing conference to facilitate communication between the parties and explore the possibility of settlement. This conference encourages dialogue and helps streamline the hearing process.

5. Hearing: If the dispute remains unresolved, the court will schedule a hearing date. Small Claims Court hearings are typically less formal compared to other court proceedings, allowing parties to represent themselves and present their cases without legal representation. The judge or magistrate presiding over the hearing will evaluate the evidence presented by both parties and make a decision based on the merits of the case.

6. Judgment and Enforcement: Following the hearing, the court will issue a judgment, determining the outcome of the dispute. If the plaintiff is successful, the court will order the defendant to pay the awarded amount within a specified timeframe. Failure to comply may result in enforcement actions, such as garnishment of wages or seizure of assets.

Benefits and Significance:

The Small Claims Court system offers several advantages, making it an essential component of the Kenyan legal system:

1. Accessibility: The simplified procedures of Small Claims Court ensure that justice is accessible to all, including individuals and small businesses that may not have the resources for costly litigation.

2. Cost-effectiveness: Small Claims Court significantly reduces the financial burden associated with legal disputes. Parties can represent themselves, eliminating the need for expensive legal representation.

3. Speedy Resolution: Small Claims Court aims for swift resolution of cases. By streamlining procedures and adopting an informal approach, disputes can be resolved in a timely manner, reducing the backlog in the judicial system.

4. Informality: The relaxed atmosphere of Small Claims Court encourages parties to present their cases directly without formal legal jargon, fostering better communication and understanding.

Conclusion:

The Small Claims Court system in Kenya serves as an effective mechanism for resolving minor civil disputes promptly and affordably. 

[*This article generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to us on info@wjmaxwelll.co.ke or call/WhatsApp on 0733 610 961]

The Small Claims Court in Kenya is a specialized legal institution designed to provide swift, accessible, and cost-effective resolution of small disputes. Its establishment has proven to be a boon for small business owners across the country. In this document, we will explore the various ways in which the Small Claims Court in Kenya benefits small business owners.

1. Simplified and Expedited Process:

The Small Claims Court follows a simplified and expedited process, which is advantageous for small business owners. It allows them to resolve disputes quickly, without the need for extensive legal representation or lengthy court procedures. The court operates in a user-friendly manner, ensuring that small business owners can navigate the system without undue complexity or expenses.

2. Cost-Effectiveness:

One of the key advantages of the Small Claims Court is its cost-effectiveness. Small business owners often face financial constraints, and traditional litigation can be prohibitively expensive. However, the Small Claims Court in Kenya has a significantly lower filing fee, making it accessible to small business owners with limited resources. This affordability encourages small business owners to seek justice and resolve disputes that might otherwise go unaddressed.

3. Accessible for Small Business Owners:

The Small Claims Court is designed to be accessible to small business owners, recognizing their unique needs and challenges. The court operates during flexible hours, allowing business owners to attend hearings without disrupting their business operations significantly. Additionally, the court provides clear and concise information about the legal process, making it easier for small business owners to understand and navigate the system.

4. Informality and No Legal Representation Requirement:

Unlike traditional courts, the Small Claims Court encourages an informal setting. This informality eliminates the need for complex legal procedures, which can be intimidating and time-consuming for small business owners. Furthermore, the court does not require the presence of lawyers, allowing small business owners to represent themselves. This not only saves costs but also empowers entrepreneurs to advocate for their interests directly.

5. Prompt Resolution of Disputes:

Timely resolution of disputes is crucial for small business owners as delays can negatively impact their operations and finances. The Small Claims Court is designed to provide a swift resolution to disputes, ensuring that small business owners can focus on running their businesses without the burden of prolonged legal proceedings. This expeditious resolution helps in maintaining business relationships and minimizing disruptions.

6. Diverse Range of Disputes Covered:

The Small Claims Court in Kenya has jurisdiction over a diverse range of disputes, including contractual issues, debt recovery, property damage, and landlord-tenant disputes. This wide coverage allows small business owners to seek redress for various types of disputes without having to resort to expensive and time-consuming traditional litigation. The court's broad jurisdiction enhances the overall convenience and effectiveness of the legal system for small business owners.

Conclusion:

The establishment of the Small Claims Court in Kenya has proved to be a significant benefit for small business owners. Its simplified and expedited process, cost-effectiveness, accessibility, informality, and prompt resolution of disputes contribute to a favorable environment for entrepreneurs. By providing an efficient avenue for resolving disputes, the Small Claims Court empowers small business owners to protect their rights, seek justice, and focus on the growth and success of their businesses.

[*This article generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to us on info@wjmaxwelll.co.ke or call/WhatsApp on 0733 610 961]

Small Claims Court Process and Important Facts

The Basics
Small claims court is only for simple cases to recover money or property
worth less than 1 Million Shillings. If you seek more than Kshs. 1 Million or require the judge
to rule on matters of law, the claim is no longer “simple” and you should
consult an advocate. If the amount you seek is more than Kshs. 1 Million, to use
small claims court, you must agree to waive and forfeit the recovery of all sums in excess of Kshs. 1 Million.

How Do I File A Claim
You can file your claim by going to the small claim court where you live or where the person being sued resides.
You should have with you the required filing fee and the name and
address of the person or people you are suing. You should also know the
exact amount you want to recover and be prepared to give a written
explanation of your case. You may then fill out the  Statement of Claim 
and file it online. You will also file the documentary evidence you wish to rely upon your case.

NOTE: You require an Advocates assisstance to prepare, fill out and file your claim.

Information Needed to File
To file a case, you must pay the filing fee and fill out a form (called
a Statement of Claim) showing your name and address, the name and address
of the person being sued, the amount of money or property you are
asking for, and why you are asking for it. You must provide
information to locate the people being sued so they can be legally
served an official summons (or notice to appear) in court. It is your
responsibility to furnish the address to the Defendant when you
file the case.

Who can be Sued in Small Claims Court?
You may sue any person, business or company operating in your county or court's jurisdiction that you believe owes you money or property. Yourself or that person, business or company must reside in the county where the case is filed. 

After The Claim is Filed
Once you have filed your claim, you will be notified of a Mention date.
Then, a summons, along with a copy of your Statement of Claim, will be served by the
Court's Process Server on the person being sued.

If the defendant in your case cannot be located, you should contat the
court for a continuance to give you more time to find a good address for
the defendant. It is your responsibility to contact the clerk before each
court date with a new address or whatever information you may have so
that the person or people can be found. If you settle the case in an out-of-court settlement before the hearing date, notify the court at once so the case can be dismissed.

Your Day In Court
The Small claims court proceedings are conducted 'informally' by the judge (adjudicator).
You should be prepared when you arrive for your hearing to clearly explain
your side of the case. Be respectful and courteous to everyone involved in
the case, even if other people are not courteous. Bring whatever
evidence, papers, documents, or other materials you believe you need to
prove or support your case.
Both sides will be given time to explain their positions, or question and cross examine witnesses.
The judge will make a decision after all the evidence is offered.

Counterclaims
If the defendant filed a counterclaim against a plaintiff to offset what the
plaintiff says is owed, the counterclaim may be heard at the same time.
Depending on the circumstances, the judge may either make a decision
immediately after hearing both sides or may continue the case on another
date.

Default Judgment
If either party was properly served and does not show up for the hearing,
the judge may declare the absent party in default and award judgment to
the other party as if the case was heard or determined. The law gives the Defendants sufficient time or a chance to file their papers because looking at the rules, a Defendant has a total of 28 days to file an appearance and defence.14 days to file appearance & 14 days to file a defence.

No Lawyer
In most instances, you can (and should)  hire a lawyer to represent you in the Small Claims
Court. You can choose not to be represented by a lawyer, but it is important to ask a lawyer for legal advice on the strengths and weaknesses of your claim. 

Legal Terms You Should Know

Plaintiff/Claimant—A person who initiates a legal action; the party who complains
or sues.
Defendant/Respondent—a person being sued.
Counterclaim—a legal claim presented by a defendant in opposition to
the claim of a plaintiff. Counterclaims avoid duplicate lawsuits over claims
by each party against the other. Everything is handled in a single lawsuit
using a claim and a counterclaim.
Summons—an order directing a Process Server or other officer to notify named
people that a legal action has been commenced against them and that
they are required to appear within a certain time to answer the complaint
Judgment—the official decision of a court determining the rights of the
parties involved.
Appeal—a legal proceeding by which a party seeks a higher court review
of the action taken by a lower court.
Subpoena—a court order to a witness ordering him/her to appear and
testify at a certain time and place.
Service of process—the presentation of a summons to the defendant in a
legal action.
Judgment Creditor—the party who wins a collection suit and to whom
money is owed.
Judgment Debtor—the party who loses a collection lawsuit and owes the
money.

[*This article generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to us on info@wjmaxwelll.co.ke or call/WhatsApp on 0733 610 961]

𝐅𝐢𝐯𝐞 𝐑𝐞𝐚𝐬𝐨𝐧𝐬 𝐖𝐡𝐲 𝐘𝐨𝐮 𝐒𝐡𝐨𝐮𝐥𝐝 𝐇𝐚𝐯𝐞 𝐚 𝐋𝐚𝐰 𝐅𝐢𝐫𝐦 𝐟𝐨𝐫 𝐘𝐨𝐮𝐫 𝐍𝐞𝐰 𝐁𝐮𝐬𝐢𝐧𝐞𝐬𝐬

Starting a new business is tough. It takes a lot of determination and hard work to succeed. Some people think that being a business owner means you can make all the decisions on your own. But the truth is, big decisions come with big responsibilities. As a business owner, you're responsible for everything that happens in your company, whether it's good or bad. That's why having a lawyer for your new business is a smart move.

Here are five reasons why you need a law firm for your new business:

𝐁𝐮𝐬𝐢𝐧𝐞𝐬𝐬 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐬
Businesses involve buying and selling goods and services. In 2023, you can't just tell your supplier that you want 7,000 units of goods. You need a written agreement that lays out all the terms and conditions. This contract will cover things like what happens if the goods get damaged during delivery, when and how payments will be made, and when the goods will be delivered. Creating and reviewing these contracts can be complicated because they involve legal language. Lawyers know this language well and can make sure your contracts are fair and legal.

𝐀𝐬𝐬𝐢𝐬𝐭𝐬 𝐰𝐢𝐭𝐡 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐈𝐬𝐬𝐮𝐞𝐬
Everything might be running smoothly until your employees decide to strike or take legal action against your business. These situations can be tough to handle without legal expertise. If you have a lawyer, they can guide your employees on the legal actions they can take if they decide to strike. If an employee files a lawsuit against your business, your lawyer will handle the legal aspects, allowing you to focus on running your business without unnecessary stress.

𝐄𝐧𝐬𝐮𝐫𝐞𝐬 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞
Starting a business might seem like a great idea, but setting up a company legally isn't easy. There are laws and regulations to follow, like the Company's Act of 2015. These laws govern how businesses should operate. You might deal with international trade, handle goods from other countries, or deal with taxes. Each of these areas has specific rules you need to follow. It can be overwhelming to navigate these laws on your own. Lawyers can handle all the legal paperwork and make sure your business complies with all the rules.

𝐌𝐢𝐭𝐢𝐠𝐚𝐭𝐞𝐬 𝐃𝐚𝐦𝐚𝐠𝐞
Sometimes, businesses get into legal trouble without even realizing it. For example, you might accidentally use another company's slogan or trademark. If that happens, the other company could sue you. But with a business lawyer, you can work things out and minimize the damage. They'll follow the right legal steps to protect your business.

𝐄𝐧𝐯𝐢𝐫𝐨𝐧𝐦𝐞𝐧𝐭𝐚𝐥 𝐈𝐬𝐬𝐮𝐞𝐬
With increasing awareness of environmental responsibility, there are strict rules that businesses must follow. You can't just dump waste into rivers or test products on animals. These regulations can be complex, and many businesses are unaware of them. A good business lawyer not only helps you understand these environmental laws but also keeps you out of legal trouble.

In conclusion, even though it's easier to start a business today, understanding all the legal requirements and rules can still be a challenge. A business lawyer is an expert in the law and stays updated on the latest regulations and rules to protect your business.

Disclaimer!

The provision of general advice in this document does not create an attorney-client relationship with any reader. This article's information, content, and material are provided solely for general informational purposes. Readers of this article should contact us on 0733610961 or email at info@wjmaxwell.co.ke if they need legal advice on any specific legal issue.

Steps to Conduct Due Diligence in Land Purchase

1. Title Search: Begin by verifying the land's title deed at the Ministry of Lands. This confirms the current owner, land size, and any restrictions or encumbrances.

2. Physical Inspection: Visit the property to confirm its existence and the accuracy of its details, such as boundaries, land size, and topography.

3. Land History: Investigate the land's history, including any past transactions, disputes, or subdivisions. This can be done by examining land records and speaking to neighbouring landowners.

4. Land Ownership: Ensure that the person selling the land is the legal owner, and there are no disputes or third-party claims.

5. Liabilities and Debts: Check if the land has any unpaid rates, taxes, or mortgages. These can affect your ownership rights and incur additional costs.

6. Survey and Beacon Information: Review the land survey and beacon information to confirm that the property's boundaries are accurate.

7. Environmental Compliance: Investigate whether the land is compliant with environmental regulations and zoning requirements. This is crucial for future land use.

8. Community and Neighbors: Interact with the local community and neighboring landowners to gain insights into the land's history and any potential issues.

9. Legal Documents: Consult a legal expert to review all documents, contracts, and agreements related to the land purchase.

10. Expert Assistance: Seek the assistance of professionals, such as land surveyors, real estate agents, and lawyers, to ensure that all aspects of due diligence are properly conducted.

Conclusion 

Conducting due diligence in land purchase is a comprehensive process that demands thorough research, attention to detail, and professional guidance. By following the steps outlined in this guide, you can safeguard your investment and avoid potential legal disputes or financial losses in Kenya's intricate land market. Remember that due diligence is not an option but a necessity when purchasing land, as it ensures that you acquire property with clear legal status and market value.

Disclaimer!

The provision of general advice in this document does not create an advocate-client relationship with any reader. This article's information, content, and material are provided solely for general informational purposes. Readers of this article should contact us on 0733610961 or email at info@wjmaxwell.co.ke if they need legal advice on any specific legal issue.