Why Small Claims Courts in Kenya Should Think Outside the Box: A Lesson from My College Days

Going to court can feel overwhelming—long waits, complicated processes, and legal terms that sound like a foreign language.

That’s why Kenya’s Small Claims Courts (SCCs) were created: to make justice simple, quick, and affordable, especially for everyday folks dealing with disputes, like a vendor whose cart was damaged or a neighbor who owes you money.

But here’s the thing—I’ve noticed something about these courts that reminds me of a personal experience from my university days, that got me thinking: are we missing an opportunity to make these courts transformative?

What I learned

When I was studying for an IT diploma at Strathmore University, I volunteered to help my software programming lecturer, Dr. Joe Sevilla, transcribe his lectures into class notes.

I was excited—software programming fascinated me—but I quickly realized I was over my head. Dr. Sevilla’s lectures were inspiring and creative, often delivered with his deep Spanish accent, but my notes? They fell short.

So, I turned to textbooks to fill the gaps, thinking I’d make the notes perfect by copying what I found there.

Over time, though, something happened.

My notes started looking less like Dr. Sevilla’s dynamic lectures and more like dry textbook summaries.

I got so caught up in sticking to “established rules” and being thorough that I lost the spirit of what made the lectures special—the creativity, the thought-provoking ideas, the energy.

In the end, I created good notes, but I could have made great ones if I had been bolder and stayed true to the unique character of those lectures.

What about Small Claims Courts?

Now, fast forward to today and Kenya’s Small Claims Courts. These courts were set up to handle disputes without all the red tape of traditional courts.

They’re supposed to be vehicles for social change, making justice accessible to everyone, especially those who can’t afford lengthy legal battles. But here’s what I’m seeing—many SCC adjudicators (the people who decide cases) are falling into the same trap I did.

Instead of embracing the innovative, straightforward approach the law gives them, they’re relying on the same old rules used in Magistrate Courts, like the Civil Procedure Rules and the Evidence Act.

These rules are important, but they’re heavy, slow, and complex—exactly what the SCCs were meant to avoid.

As a result, the Small Claims Courts are starting to look and feel like mini Magistrate Courts: still unwieldy, still complicated, and still slow. That’s not what they’re meant to be, a repeat of the old system.

So, what’s the solution?

Just like I could have made better lecture notes by stepping out of my comfort zone and capturing the essence of Dr. Sevilla’s teaching, SCC adjudicators can step up by fully using the powers the Small Claims Court Act gives them.

Sections of the law—like Sections 17, 32, and 36—give them the flexibility to handle cases in a simple, fair, and speedy way, focusing on what’s right for the people, not just what’s safe or traditional. They have the chance to be more than just good judges—they can be great ones, driving real change and making justice accessible for all.

If you’ve ever had a small dispute and felt intimidated by the court system, I hope this resonates with you. The Small Claims Courts could be your go-to solution, but only if we encourage adjudicators to be brave and innovative, just like I wish I’d been with those lecture notes. Let’s push for a system that lives up to its promise—quick, fair, and transformative justice for everyone.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat at 0708111222.