Haki Mashinani: Community access to justice through small claims court!
To date, over 2,485 cases have been heard and determined by the Eldoret-based judges of the Small Claims Court.
Justice Reuben Nyakundi,Presiding Judge Eldoret Highcourt/Photo James Gitaka
There is an urgent need to establish more small claims courts across the country to enable communities to seek justice at the grassroots level, Eldoret Chief Magistrate Reuben Nyakundi has said.
Justice Nyakundi noted that the move will improve the speedy delivery of justice and also reduce the cost and time of hearing and determining civil and commercial disputes in the magistrate’s courts.
He was speaking during a ceremony where he presided over the swearing in of two judges, Tabitha Mbugua and Rodgers Otieno of the Small Claims Court based at the Eldoret Magistrate’s Court.
The 30-minute ceremony was held at the Eldoret High Court and was witnessed by judicial officers including Justice Wananda Anuro, Chief Magistrate Denis Mikoyani and officials of the Law Society of Kenya North-Rift Chapter led by Chairman Henry Kenei.
According to Justice Nyakundi, the swearing in of the two judges, who are also resident magistrates, will go a long way in clearing the backlog of cases pending in the courts.
“I urge you to ensure timely delivery of access to justice as a result of the backlog of cases that have accumulated in the lower courts so that residents can get justice,” said Justice Nyakundi.
The Eldoret-based judges have so far heard and determined more than 2,485 cases filed at the Small Claims Court, with an estimated value of more than Sh500 million, since the courts were launched last year.
According to North Rift Small Claims Court Judge Tabitha Mbugua, the majority of cases filed at the Small Claims Court are heard and concluded in less than 30 days.
“The number of commercial and civil cases filed in our courts this year was 1,598 and we have managed to dispose of 1,320 with a total of 2 cases being transferred to other courts while the number of pending cases was 276,” said Mbugua.
She said the Eldoret-based Small Claims Court also serves residents from neighbouring counties.
She said the Eldoret-based small claims court also serves residents from neighbouring Nandi, Elgeyo Marakwet and TransNzoia counties to ensure that justice is served to all citizens.
Tabitha said some of the cases filed at the Small Claims Court and resolved in less than a month included accident claims and rent disputes that would have taken over a year to resolve if the matter had gone to a full trial in the magistrates’ court.
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