co o

SPECIAL ISSUE

Kenya Gazette Supplement No. 41 (Acts No. 2)

REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

ACTS, 2016

NAIROBI, 7th April, 2016

CONTENT

Act -
PAGE

The Small Claims Court Act, 2016.............................................................. 5

NATIONAL COUNCIL FOR LAW REPORTING

RECEIVED
15 MAY 2816
P.O. Box 10443-00100
NAIROBI, KENYA
YEI 2 -7 19231 FAX 2712694

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

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 THE SMALL CLAIMS COURT ACT
No. 2 o 2016
Date of Assent: 1st April, 2016
Date of Commencement: 21st April, 2016
ARRANGEMENT OF SECTIONS
Section
PART I —PRELIMINARY
1—Short title.
2— Interpretation.
3—Guiding principles.
PART LI—ESTABLISHMENT, ORGANIZATION
AND ADMINISTRATION OF SMALL CLAIMS
COURT
4—Establishment of the Court.
5—Appointment of an Adjudicator.
6—Officers of the Court.
7—Oath or affirmation of an Adjudicator.
8— Qualifications for appointment of Registrar of the
Court.
9—Functions of Registrar.
10—Review of Registrar's decisions.
PART 111—JURISDICTION OF THE COURT
11 - Local limits of the Court's jurisdiction.
Nature of claims and pecuniary jurisdiction.
Exclusion of jurisdiction.
14—Prohibition on division of claims.
15—Parties to proceedings before the Court.
16— Representative claims.
PART IV—PROCEDURE BEFORE THE COURT
17—Procedure of Small Claims Court.
18—Alternative Dispute Resolution.
19—Power to summon witnesses and make inquiry.
20—Representations before the Court.
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No. 2 Small Claims Court 2016
21—Language of the Court.
22—Record of the Court.
23—Filing of claims.
24—Form of statement of claim.
25—Response to claim.
26—Admission of claims.
Default judgment.
Notice of hearing.
29—Proceeding by electronic means.
30—Proceeding by documents only.
31—Consolidation of claims.
32—Exclusion of strict Rules of evidence.
33—Cost of proceedings.
34—Expeditious disposal of cases.
35—Withdrawal of claim.
36—Orders of the Court.
37—Enforcement of orders to pay money.
38—Appeals.
PART V—EXECUTION OF THE DECREE
39—Procedure for execution.
40—Manner of execution.
41—Review of orders or awards of the Court.
Stay of execution on review.
Setting aside of orders.
PART VI—MISCELLANEOUS PROVISIONS
44—Payment of a fee for a copy of the record.
45—Protection from liability.
46 —Removal and discipline of Adjudicators.
47—Contempt of Court.
48—Right to lodge claim in other Courts.
49—Seal of the Court.
50—Power to make Rules.
51—Code of conduct for Adjudicators.
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2016 Small Claims Court No. 2
THE SMALL CLAIMS COURT ACT, 2016
AN ACT of Parliament to establish Small Claims Court;
to provide for the jurisdiction and procedures of the
Court and for connected purposes
ENACTED by Parliament of Kenya, as follows—
PART I— PRELIMINARY
Short title.
This Act may be cited as the Small Claims Court
Act, 2016.
In this Act, unless the context otherwise requires - Interpretation.

"Adjudicator" means an Adjudicator appointed under

section 5;
"Chief Justice" means the Chief Justice appointed
under Article 166 of the Constitution;
"Chief Registrar" means the Chief Registrar of the
Judiciary referred to in Article 161 (2) (c) of the
Constitution;
"claim" means a claim lodged with the Small Claims
Court in accordance with section 23;
"claimant" means a person who lodges a claim with a
Small Claims Court and includes any person who becomes
a party to the proceedings on any claim in the capacity of a
claimant;
"Court" means a Small Claims Court established under
section 4 of this Act;
"electronic means" includes electrical, digital,
magnetic, optical, biometric, electrochemical, wireless or
electromagnetic technology;
"electronic system" means any electronic device or a
group of interconnected or related devices, one or more of
which, pursuant to a program, performs automatic
processing of data and includes a permanent, removable or
any other electronic storage medium;
"Gazette" has the meaning assigned to it under Article
260 of the Constitution;
"judicial officer" has the meaning assigned to it by 10-1011111-
section 2 of the Judicial Service Act, 2011;
"Judicial Service Commission" means Judicial Service
Commission established under Article 171 of the
Constitution;
 No. 2 Small Claims Court 2016
"party" means a claimant or respondent and any other
person joined as a third party in proceedings under this Act;
"prescribed limit" means one hundred thousand
shillings or such other sum as the Chief Justice may
determine by notice in the Gazette;
"respondent" means any person against whom, a claim
is made and any person who becomes a party to the
proceedings on any claim in the capacity of a respondent in
any proceedings under this Act; and
"Rules" means the Rules made under section 50 of this
Act.
Guiding principles.
3. (1) In exercise of its jurisdiction under this Act, the
Court shall be guided by the principles of judicial authority
prescribed under Article 159(2) of the Constitution.
The parties and their duly authorized
representatives, as the case may be, shall assist the Court to
facilitate the observance of the guiding principles set out in
this section, to that effect, to participate in the proceedings
of the Court and to comply with directions and orders of
that Court.
Without prejudice to the generality of subsection
(1) the Court shall adopt such procedures as the Court
deems appropriate to ensure -
the timely disposal of all proceedings before the
Court using the least expensive method;
equal opportunity to access judicial services
under this Act;
fairness of process; and
simplicity of procedure.
PART 11—ESTABLISHMENT, ORGANIZATION
AND ADMINISTRATION OF THE COURT
Establishment of the
4. (1) There is established a court to be known as the Court.
Small Claims Court which shall be a subordinate Court
pursuant to Article 169 (1) (d) of the Constitution.
(2) Pursuant to Article 6(3) of the Constitution, the
Chief Justice shall, by notice in the Gazette, designate any
Court station as a Small Claims Court with such
geographical jurisdiction as may be specified in the notice.
2016 Small Claims Court No. 2
(3) Notwithstanding subsection (2), the geographical
jurisdiction may be in relation to a sub-county or other
units of decentralization in compliance with Article 6(3) of
the Constitution.
5. (1) The Court shall be presided over by an Appointment of an
Adjudicator.
djudicator.

(2) A person shall be qualified for appointment as an

Adjudicator if that person—
is an advocate of the High Court of Kenya; and
has at least three years' experience in the legal field.
6. (1) The Judicial Service Commission shall, pursuant O fficersofthe
Cou

to Article 172(1) of the Constitution, appoint such number

of Adjudicators, registrars and other officers of Small
Claims Courts as may be necessary for the effective
discharge of the functions of the Court.
Without prejudice to subsection (1), the Chief
Justice may designate any judicial officer to act as an
Adjudicator in any proceedings under this Act.
Any Adjudicator or officer appointed under this
section shall serve on such terms as may be specified in the
instrument of appointment.
An Adjudicator may serve on full time or part time
basis.
7. An Adjudicator shall, on first appointment, take an Oath or affirmation
of an Adjudicator.
oath or affirmation in the prescribed form in accordance
No.1 of 2011.
with section 40 of the Judicial Service Act, 2011.
8. A person shall be qualified to be appointed as a Qualifications for
appointment of
Registrar under this Act if that person - Registrar of the
Court.
is an advocate of the High Court of Kenya and
has attained at least three years legal experience;
or
is trained as a paralegal at the Kenya School of
Law.
9. (1) The Registrar shall perform the duties assigned lunclions of

to the Registrar under this Act and other duties as the Chief
Registrar may direct, and in particular, be responsible for—
(a) the establishment and maintenance of the
Register in which all records of the Court shall be
kept;
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No. 2 Small Claims Court 2016
the acceptance, transmission, service and custody
of documents in accordance with the Rules;
the enforcement of the decisions of the Court;
certifying that any order, direction or decision is
an order, direction or decision of the Court;
causing to be kept records of the proceedings and
minutes of the Court and such other records as
that Court may direct;
managing and supervising the staff of the
Court;
the day to day administration of the Court; and
facilitating access to judgements and records of
the Court.
(2) The Registrar may consider and dispose of
procedural or administrative matters in accordance with the
Rules or on direction of the Adjudicator.
Review of
(1) A person aggrieved by a decision of the
Registrar on matters relating to the judicial functions of the decisions.
Court may apply for review by an Adjudicator of that
Court in accordance with the Rules.
(2) The Adjudicator may confirm, modify or reverse
the decision of the Registrar referred to in subsection (1).
PART rn—JURISDICTION OF THE COURT
limits of the
(1) The Chief Justice shall determine and publish a local
Court s jurisdiction.
I

notice in the Gazette designating the local limits of the

jurisdiction of Small Claims Court.
(2) When determining the local limits of the
jurisdiction of the Court, the Chief Justice shall ensure that
such Courts are accessible in every sub-county and
progressively in other decentralized units of judicial service
delivery.
Nature of claims and
(1) Subject to this Act, the Rules and any other pecuniary
law, the Court has jurisdiction to determine any civil claim jurisdiction.
relating to—
a contract for sale and supply of goods or
services;
a contract relating to money held and received;
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2016 Small Claims Court No. 2
liability in tort in respect of loss or damage
caused to any property or for the delivery or
recovery of movable property;
compensation for personal injuries; and
set-off and counterclaim under any contract.
Without prejudice to the generality of subsection
(1), the Court may exercise any other civil jurisdiction as
may be conferred under any other written law.
The pecuniary jurisdiction of the Court shall be
limited to two hundred thousand shillings.
Without prejudice to subsection (3), the Chief
Justice may determine by notice in the Gazette such other
pecuniary jurisdiction of the Court as the Chief Justice
thinks fit.
Exclusion of
13. (1) If a claim has been lodged with the Court, no
proceedings relating to the same course of action shall be
brought before any other Court except where the—
proceedings before that other Court were
commenced before the claim was lodged with
the Small Claims Court; or
claim before the other Court has been withdrawn.
A claim shall not be brought before the Court if
proceedings relating to that claim are pending in or have
been heard and determined by any other Court.
Subject to section 12(3), a higher court may
transfer a claim to a Small Claims Court.
For the purposes of this section, a claim is deemed
to have been lodged with the Court in any case where
section 23 has been complied with.
A claim shall not be brought before the Court if the
cause of action is founded upon defamation, libel, slander,
malicious prosecution or is upon a dispute over a title to or
possession of land, or employment and labour relations.
14. No claim shall be divided or pursued in parts for claims.
the sole purpose of bringing the sum claimed in each of
such proceedings within the jurisdiction of the Court.
Parties to
15. (1) A person has the right to lodge a claim before before
the Court only if— the Court.
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No. 2 Small Claims Court 2016
such a person ordinarily resides or carries on
business within the local limits of the jurisdiction
of the Court;
the subject matter of the claim is situated within
the local limits of the jurisdiction of the Court;
the contract to which the claim relates was either
made or was intended to be performed within the
local limits of the jurisdiction of the Court;
the cause of action arose within the local limits of
the jurisdiction of the Court; or
the defendant to the claim resides within the local
limits of the jurisdiction of the Court.
(2) Without prejudice to subsection (1), any person
against whom notice of a claim has been served under
section 25 shall be party to the proceedings of that claim.
Represenlative
16. (1) Subject to subsection (2), if two or more clainm
persons have claims against the same respondent, such
claims may be brought in the name of one of such persons
as the representative of some or all of them save that the
authority to act as a representative shall be given in writing.
(2) The Court may, if at any stage of the proceedings
be of the view that a representative claim may prejudice the
respondent, order that the claims of all or any of the
persons represented be heard separately.
(3) Each person represented in a representative claim
shall be considered to have authorized the representative on
their behalf to -
call and give evidence and make submissions to
the Court on any matter arising during the
hearing of the claim;
file affidavits, statements or other documents;
agree to an adjournment or change of venue;
agree to a settlement of the claim on such terms
as the person thinks fit; or
amend or abandon the claim.
(4) The authority given to a representative under
subsection (1) shall not be withdrawn except with leave of
the Court.
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2016 Small Claims Court No. 2
(5) The Court may, at any time before determining any
claim, grant leave to any person to join in the claim as a
person represented, on such terms as it may think fit.
PART IV—PROCEDURE BEFORE THE COURT
Procedure ofSmall
17. Subject to this Act and Rules the Court shall have Claims Court.
control of its own procedure in the determination of claims
before it and, in the exercise of that control, the Court shall
have regard to the principles of natural justice.
Alternative Dispute
18. (1) In exercise of its jurisdiction under this Act Resolution.
the Court may, with the consent of the parties, adopt and
implement any other appropriate means of dispute
resolution for the attainment of the objective envisaged
under section 3 of this Act.
The Court may adopt an alternative dispute
resolution mechanism and shall make such orders or issue
such directions as may be necessary to facilitate such
means of dispute resolution.
Any agreement reached by means of an alternative
dispute resolution mechanism shall be recorded as a
binding order of the Court.
Power to summon
19. (1) A Court may, of its own motion or at the witnesses and make
request of any party, summon any witness and require the inquisy.
production of any document, record, books of accounts or
other thing, which is relevant in any proceedings.
(2) The Court shall inquire into any matter which it
may consider relevant to a claim, whether or not a party has
raised it.
Representation
20. (1) A party to the proceedings shall appear in before the Court.
person or where he or she is unable to appear in person, be
represented by a duly authorised representative.
The representative referred to in subsection (1)
shall not be a legal practitioner.
A Court shall, before permitting a person to act as
a representative under subsection (1), satisfy itself that the
person has sufficient knowledge of the case and sufficient
authority to bind the party being represented.
Language of the
21. (1) English, Kiswahili or any other appropriate
language may be used at any stage of the proceedings of
Court.
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No. 2 Small Claims Court 2016
In all appropriate cases, the Court shall facilitate
the use by parties of indigenous languages, Kenyan Sign
Language, Braille and other communication formats and
technologies accessible to persons with disabilities.
Without prejudice to subsections (1) and (2),
records of proceedings before the Court shall be kept and
maintained in the English language.
- Record of the Court.
22. (1) The record of a Court shall include
claims and responses filed with the Court by
parties;
summaries of the facts of the issues in dispute in
respect of those claims as determined and recorded
by the Court during the hearing of the claims; and
orders made by the Court in relation to those
claims.
Filing of claims.
23. (1) Every claim filed with the Court shall
commence with the filing of a statement of claim in the
prescribed form signed or authenticated by the claimant or
authorized representative.
Without prejudice to subsection (1), a party may
present his or her claim orally to an officer of the Court,
and such officer shall cause the claim to be reduced in
writing in the prescribed form signed or authenticated by
the claimant.
Any joint claim lodged by two or more claimants
shall be admitted for determination notwithstanding that
the statement has been signed or authenticated by only one
or more of them.
Nothing in this section invalidates a statement of
claim signed or authenticated by a representative of a
claimant or joint claimants.
Any person in whose name a claim is lodged
without his signature or mark authenticating the claim shall
be required to sign or authenticate the statement of claim
before the commencement of the hearing and
determination of the claim.
A person who fails to comply with subsection (5)
shall have his or her name struck out of the proceedings
and whereupon his or her claim shall be deemed to be
abandoned.
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2016 Small Claims Court No. 2
(7) Any party may lodge his or her statement of claim
or defence by electronic means.
24. Every statement of claim shall contain the Form of statement of
claim.
following particulars -
the name and address of each claimant and, in the
case of a representative claim, the name and address
of each person represented;
the name and address of each respondent;
the nature of the claim;
the sum of money claimed by each claimant or
person represented;
the relief or orders sought; and
other particulars of the claim as are reasonably
sufficient to inform the respondent of the ground
for the claim and the manner in which the amount
claimed by each claimant or person represented has
been calculated.
25. (1) The Registrar or other officer designated for Response to claim.

that purpose shall cause to be served on the respondent a

copy of the statement of claim.
(2) The respondent shall lodge with the Court a written
response to the claim, including any counter-claim or set-
off, in the prescribed form, within fifteen days.
26. (1) Where the respondent admits any part of the Admissionof

claim, the Court shall record the admission as an order of

the Court in favour of the Claimant and thereafter proceed
to determine any part of the claim that is denied or has not
been expressly admitted by the respondent.
The Court may permit a respondent at any time
before that Court has made a final order on the claim, to
orally admit the claim against the respondent.
The Court may accept any admission to the claim
in writing by the respondent if such admission is received
before a final order on the claim has been made by that
Court.
The Court may, for good cause, refuse to accept an
admission made under subsection (1), (2) or (3) and direct
the respondent to appear in person before the Court.
No. 2 Small Claims Court 2016
If the Court is satisfied that an admission under
subsection (1), (2), or (3) is legitimate, the Court may make
an order under subsection (1) against the respondent.
Any order made by the Court under subsection (5)
may be set aside on the application of the respondent if that
Court is satisfied that the admission was not made by the
respondent or with the respondent's authority.
An application under subsection (6) shall be made
within fourteen days after the date of the order or such
further period as the Court may permit.
Default judgment.
27. (1) If the respondent fails to respond to the claim
within the prescribed period, the Court may, either on its
own motion or on the claimants application enter judgment
for the claimant and order the relief sought in the statement
of claim.
If a respondent fails to appear at the hearing in
person or by a representative, the claimant may apply to the
Court for an order to be made against the respondent.
Upon application made by the claimant under
subsection (2), the Court shall grant the claimant the order
if it is satisfied that the claimant is entitled thereto.
An order shall not be made against a respondent
under this section unless the Court is satisfied that a copy
of the written claim and the notice of hearing have been
served on the respondent under section 25 of this Act.
Notice of hearing.
28. (1) Upon receipt of the respondent's written
response, the Court shall notify the parties of the date, time
and place of hearing of the determination of the claim.
The parties may call witnesses at the hearing in
support of their respective claims and the Court may accept
any admission to the claim in writing by the respondent if
such admission is received before any order on the claim
has been made by that Court.
A Court may summon any person to appear before
it if, in the Court's opinion, the presence of the person is
necessary to enable the Court to determine the questions in
dispute in the claim.
29. (1) The Court may, on such conditions as the Chief Proceeding by
electronic means.
Justice may by Rules prescribe, permit proceedings before
 17
2016. Small Claims Court No. 2
that Court to be conducted by telephone, videophone or
any other electronic means.
The Court may at any time direct any proceedings
before it conducted by electronic means to cease and order
the parties to appear in person at a designated place for the
hearing.
Any order made by the Court at the proceedings
before it by electronic means may be set aside on the
application of a person aggrieved by that order if that Court
is satisfied that either party has been impersonated or that
any person who participated in the hearing did not have
authority to represent the party concerned.
An application made under subsection (3) shall be
made within one month after the order was made or such
further period as the Court may allow.
Proceeding by
30. Subject to agreement of all parties to the documents only.
proceedings, the Court may determine any claim and give
such orders as it considers fit and just on the basis of
documents and written submissions, statements or other
submissions presented to the Court.
Consolidation of
31. (1) Where it appears to the Court that any two or
more claims lodged with the Court relate to -
a common question of fact or law; or
the same cause of action,
the Court may, before final determination of any of them
order consolidation of such claims.
(2) The Court may exercise its power to consolidate
claims, where it considers that such consolidation is in the
interest of the parties and would serve the ends of justice.
Exclusion of strict
32. (1) The Court shall not be bound wholly by the Rules of evidence.
Rules of evidence.
(2) Without prejudice to the generality of subsection
(1), the Court may admit as evidence in any proceedings
before it, any oral or written testimony, record or other
material that the Court considers credible or trustworthy
even though the testimony, record or other material is not
admissible as evidence in any other Court under the law of
evidence.
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No. 2 Small Claims Court 2016
Evidence tendered to the Court by or on behalf of a
party to any proceedings may not be given on oath but that
Court may, at any stage of the proceedings, require that
such evidence or any part thereof be given on oath whether
orally or in writing.
The Court may, on its own initiative, seek and
receive such other evidence and make such other
investigations and inquiries as it may require.
All evidence and information received and
ascertained by the Court under subsection (3) shall be
disclosed to every party.
For the purposes of subsection (2), an Adjudicator
is empowered to administer an oath.
An Adjudicator may require any written evidence
given in the proceedings before the Court to be verified by
statutory declaration.
33. (1) The Court may award costs to the successful Cost of proceedings.

party in any proceedings where it is satisfied that the claim

to which such costs relate is vexatious, frivolous or an
abuse of the due process of the Court.
In any other case parties shall bear their respective
costs of the proceedings.
Without prejudice to subsections (1) and (2), the
Court may award to a successful party disbursements
incurred on account of the proceedings.
Except as provided in subsection (2), costs other
than disbursements, shall not be granted to or awarded
against any party to any proceedings before a Court.
34. (1) All proceedings before the Court on any Expeditious clisPosa!

particular day so far as is practicable shall be heard and

determined on the same day or on a day to day basis until
final determination.
Judgment given in determination of any claim shall
be delivered on the same day and in any event, not later
than three (3) days from the date of the hearing.
The Court may only adjourn the hearing of any
matter under exceptional circumstances which shall be
recorded.
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2016 Small Claims Court No. 2
Withdrawal of
35. (1) A claimant or joint claimant may, at any time claim.
before final judgment withdraw the claim.
(2) The withdrawal of a claim by any person pursuant
to subsection (1) shall not prejudice the hearing and
determination of any counterclaim lodged by the
respondent.
36. (1) The Court may, in relation to any claim within Orders of the Court

its jurisdiction, make one or more of the following orders—

order to pay money either in lump sum or by
instalments;
an order for the restitution of any movable
property;
an order for the recovery of any sum in relation
to performance of a contract;
an order dismissing the claim to which the
proceedings relate; or
any such consequential or ancillary orders as may
be necessary including, any stipulations or
conditions for the enforcement of its orders or
directions.
An order made under subsection (1) (a) shall not
require payment of money exceeding the prescribed limit.
The Court shall arrange for a copy of an order
made under subsection (1) to be served on the person
against whom it is made promptly.
Nothing in this section precludes the Court from
making any order or giving any direction it thinks
necessary for the achievement of the purposes of this Act.
Enforcement of
37. (1) Every order made by the Court requiring a orders to pay money.
party to pay money shall be enforced in accordance with
the provisions of this Act.
Where an application is made to the Court for the
issue of any process to enforce an order requiring a party to
pay money to another as an alternative to compliance with
a work order, that Court shall give notice of application to
the party against whom enforcement is sought
If the party referred to in subsection (2) does not
file in the Court within the period prescribed for so doing a
 20
No. 2 Small Claims Court 2016
notice of objection in the prescribed form, the order may,
after the expiry of that period, be enforced pursuant to
subsection (1).
The notice referred to in subsection (3) may only
be given on the ground that it is the belief of the party that
the order of the Court has been fully complied with and that
the party therefore disputes the entitlement of the applicant
to enforce it.
If the party against whom enforcement is sought
files the notice referred to in subsection (3) within the
prescribed period, the matter shall be determined as
provided under section 40.
No filing fee shall be payable by a person who
seeks to enforce an order pursuant to subsection (1) but any
fee which would otherwise be payable shall be included in
and be considered as part of the award of the Court and
shall be recoverable from the opposite party for the credit
of the Consolidated Fund.
Appeals.
38. (1) A person aggrieved by the decision or an order
of the Court may appeal against that decision or order to
the High Court on matters of law.
(2) An appeal from any decision or order referred to in
subsection (1) shall be final.
PART V—EXECUTION OF THE DECREE
39. (1) Where a judgment debtor fails to pay to the Procedure for
exec tion.
decree holder any sum specified in a decree or order, the
Court may—
where the judgment debtor's movable property is
insufficient to satisfy the decree, order execution
by attachment and sale of the judgment debtor's
immovable property;
order the attachment of the salary of the
judgement debtor; or
suspend the execution of the warrant and the
order either wholly or in part on such conditions
as to security or otherwise as the Court may
determine.
40. Where the judgment debtor fails to discharge the Manner of
execution.
decree in whole or in part within the time or in the terms, if
 21
2016 Small Claims Court No. 2
any, specified in any order of the Court, the Court may
order execution to issue against the judgment debtor's
immovable property or any other of his or her assets.
Review of orders or
41. (1) An Adjudicator may, on application by any awards of the Court.
aggrieved party or on his or her own motion, review any
order of the Court on the ground that -
the order was made ex-parte without notice to the
applicant;
the claim or order was outside the jurisdiction of
the Court;
the order was obtained fraudulently;
there was an error of law on the face of the
record; or
new facts previously not before the Court have
been discovered by either of the parties.
(2) The application referred to under subsection (1)
shall be made within thirty days of the order or award
sought to be reviewed or such other period as the court may
allow.
Itay of execution on
(1) The filing of an application for review shall not
operate as a stay of execution of an order unless the
Adjudicator otherwise orders.
(2) Any stay of execution may be subject to such
conditions as to costs, payment into the Court, the giving of
security or otherwise as the Adjudicator considers fit.
Selling aside of
The Court may on the application of any party to
the proceedings set aside any of its orders and make such
further orders as it thinks just.
PART VI—MISCELLANEOUS PROVISIONS
PaymentfOr
Any party to the claim shall, upon payment of a
nominal prescribed fee, be entitled to a copy of the record
of the Court and such record shall be admissible in
evidence before any other Court for the purposes of any
proceedings before that other Court.
from
(1) An Adjudicator or an officer of the Court or
other person bound to execute the lawful warrants, orders
or other process of the Court shall not be liable in an action
or suit in respect of anything done or omitted to be done in
 22
No. 2 Small Claims Court 2016

good faith and in the lawful performance of judicial

functions.
Removal and
46. The provisions of the Judicial Service Act relating discipline of
to the removal and discipline of Magistrates shall apply Adjudicators.

with necessary modifications to the discipline and removal

of Adjudicators.
47. A person who— Contempt of Court.

assaults, threatens, intimates or wilfully insults

an Adjudicator, judicial officer or a witness,
involved in a case during a sitting or
attendance in a court, or while the Adjudicator,
judicial officer or witness is travelling to and
from a court;
wilfully and without lawful excuse disobeys an
order or direction of the court in the course of
the hearing of proceedings;
within the premises in which any judicial
proceedings are being heard or taken, or within
the precincts of the same, shows disrespect, in
speech or manner, to or with reference to such
proceedings, or any person before whom such
proceedings are being heard or taken;
having been called upon to give evidence in a
judicial proceeding, fails to attend, or having
been sworn or affirmed, refuses without lawful
excuse to answer a question or to produce a
document, or remains in the room in which
such proceedings are being heard or taken after
the witnesses have been ordered to leave such
room;
causes an obstruction or disturbance in the
cause of judicial proceedings;
while judicial proceedings are pending, makes
use of any speech or writing misrepresenting
such proceedings or capable of prejudicing
any person in favour of or against any parties
to such proceedings, or calculated to lower the
authority taken;
publishes a report of the evidence taken in any
judicial proceedings that has been directed to
be held in private;
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attempts wrongfully to interfere with or
influence a witness in judicial proceedings,
either before or after he or she has given
evidence in connection with such evidence;
dismisses a servant because he or she has given
evidence on behalf of a party to judicial
proceedings; or
commits any other act of intentional disrespect
to any judicial proceedings, or to any person
before whom such proceedings are heard or
taken,
commits an offence.
A police officer may, by order of the Court, take
into custody and detain a person who commits an offence
under subsection (1) until the court adjourns.
A person who commits an offence under subsection
(1) shall on conviction be liable to imprisonment for a
term not exceeding five days, or to a fine not exceeding
one hundred thousand shillings, or to both.
In exercise of its powers under this section, the
court shall observe the principles of fair administration of
justice set out in Article 47 of the Constitution.
Nothing in this Act precludes a person from Right to lodge claim
in other Courts.
lodging a claim that is within the jurisdiction of the Court
in any other Court if that person elects to institute
proceedings in that other Court to hear and determine that
claim.
Every Court shall use seals or stamps of such kind Seal of the

and pattern as the Chief Justice may direct.

(1) The Chief Justice may make Rules of practice Power to make

and procedure for the better functioning of the Court.

(2) For the purpose of Article 94(6) of the
Constitution -
the purpose and objective of the delegation under
this section is to enable the Chief Justice to make
rules to provide for the better carrying into effect
the provisions of this Act;
the authority of the Chief Justice to make Rules
under this Act shall be limited to bringing into
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No. 2 Small Claims Court 2016
effect the provisions of this Act and fulfilment of
the objectives specified under this section;
(c) the principles and standards applicable to the
Rules made under this section are those set out in cap 2.

the Interpretation and General Provisions Act and No. 23 of 2013.

the Statutory Instruments Act, 2013.
Code of conduct for
51. The Chief Justice shall within six months of the Adjudicators.
commencement of this Act, prescribe the code of conduct
applicable to an Adjudicator.