A court in Kisumu has shocked the country after awarding a claimant Ksh122, 000 after being conned of a chicken.
“Kisumu SCC (Small Claims Courts) Adjudicator Hon G. Serem has found a respondent liable after failing to honour an agreement.
“The respondent was given broiler chicken to sell and give money to the claimant but failed to do. The court awarded the claimant Ksh 122,000 as she’d prayed,” Judiciary said.
Small Claims Court handles matters of value up to Ksh1 Million.
“It delivers justice expeditiously within a period of 60days. It has helped many small businesses to stay afloat,” the Judiciary added.
A Twitter user Ones Mbithi (@OnesmusMbithi8) questioned how the matter will be handled in case the suspect fails to honour the awarded amount.
“What can I do in case a respondent did honour court judgement and decree? I have that issue which was handled by the small claims court. Kindly assist,” Mbithi wrote.
Judiciary replied: “The Decree Holder may: apply to court for execution of the judgment by way of warrant of attachment of sale of the debtors movable property or salary. In the alternative, the Decree Holder may apply for issuance of a Notice to Show order for committal of the Debtor to civil jail.“
Chief Justice Martha Koome on July 21, 2022, said the Judiciary was planning to devolve SCC to additional parts of Nairobi and other regions from October this year.
The courts, according to the CJ, will simplify procedures, facilitate timely proceedings and harness fairness at reasonable fees.
“Operationalisation of the Small Claims Courts will enhance access to justice by expanding the reach of the formal justice system to areas un-served by the existing court system,” she said
The Chief Justice said the expansion of the courts will be key in bringing justice to more Kenyans and further reduce the backlog at the Chief Magistrates’ Commercial Court and Criminal Courts.
