Ngong: Ngong Law Courts in Kajiado North Sub County will from next month, April, operate Small Claims Courts (SCC) to handle commercial disputes under one million shillings. The SCC courts come in handy since the cases will also be settled within 60 days, providing an accessible, fast, and cost-effective justice system for residents.
According to Kenya News Agency, Daniel Limo, a court administrator from the Office of the Registrar Magistrate Court, shared during the Ngong Law Courts Judiciary open day at the EmbulBul Chiefs office that the SCC courts are also flexible as they can be conducted virtually. “We have 40 Small Claims Courts across the country serving the jurisdiction of a county, and within Kajiado Law Courts we have SCC, but currently we are trying to move to the sub-counties; that is why Ngong Small Claims Court is being opened,” he added.
Limo provided an example of a debt case where one is unable to meet their contractual obligation to repay, noting that this can be brought to court. Individuals can represent themselves without an advocate by filing simple forms available on the Judiciary website, with cases heard virtually within 60 days. “These cases can be resolved seamlessly through hybrid but also at the court, and even if there is a case of an old person who is unable to represent themselves, they are allowed to choose and authorize someone to represent them after filing the case,” he explained.
Limo further highlighted that SCC fees for both commercial and civil cases are minimal, ranging from Ksh 200 to Ksh 1000, unlike the High Courts, which have fixed fees often exceeding Ksh 1500 and even higher for the superior court. He explained that diversifying from the county level to sub-county would reduce the distance for residents who have to go to the county level to access justice. So far, SCC has covered 35 counties, and from April, they will be rolling out 15 SCCs, including the Ngong law court.
Ngong Law Courts Chief Magistrate Charles Kutwa stated that the main purpose of the open days was to sensitize the public, especially on mediation space and how to settle their cases at home even before taking the matter to court. “We have held these open days for the last three years. We want to build confidence in the court system, interact with wananchi, answer their queries and for them to feel at ease when engaging with us, and so far, it has been successful,” he added.
Kutwa elaborated on the court’s advocacy for the Alternative Justice System, emphasizing mediation, reconciliation, and resolution mechanisms as faster, more affordable alternatives that reduce court backlogs and high costs such as advocate fees. “We are having more and more parties who are willing to go for mediation, which is more affordable and has a community-based approach,” he added.
The chief magistrate also mentioned that over the past year, the Ngong Law Court has been issuing dates and notices for all past and present court cases, particularly for longstanding cases and even those involving deceased individuals, acknowledging that succession cases pose the biggest challenge at the courts. “You find that once a grandfather dies, the person who owns the land, the children, their grandchildren, their great-great-grandchildren don’t want to file succession cases, so that the title can change hands for serious development, and this later comes with its challenges,” Kutwa said.
During the open day, residents of Ngong were strongly advised to pay cash bail directly to the court registry through their systems to avoid conmen who solicit bribes under the guise of assisting in the bail process. Cash bail is returnable to the depositor upon the conclusion of a case, provided the accused person has complied with all court appearances and has the proper document such as a receipt. “Do not just give scammers frequently operating within court corridors.”
The Judiciary open days are public engagement initiatives where courts, such as Ngong Law Courts, bring justice services closer to citizens to explain court procedures and legal services, enhancing awareness, often featuring court-annexed mediation to promote public understanding of the justice system.
