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The dispute arose after Zenka Digital Limited advanced Benson Njeru a Sh76,000 loan in September 2024, with the money expected to be repaid within one month. Under the agreement, the total amount payable at the end of the loan period stood at Sh103,360.
In Gazette Notice No. 6567, issued under the Constitution of Kenya and the Judicial Service Act, the Chief Justice provided a framework aimed at ensuring continuity of cases and preventing delays or prejudice to litigants affected by the transfers.
The Small Claims Court was rolled out in April 2021 to offer an affordable and fast option for resolving civil disputes involving amounts not exceeding Sh 1 million. The courts were introduced to reduce delays and limit lengthy litigation that often locks out ordinary citizens.
Differences in medical reports or contradictory evidence can stretch the case for weeks, which goes against the court’s purpose of resolving disputes within 60 days.
The courts were introduced to tackle the persistent backlog of cases that has slowed down the judiciary for years. They handle disputes involving sums below Sh1 million and are designed to manage common cases such as sale and supply contracts, debt recovery, claims for personal injury, and other routine matters.
The appointments, made under the powers granted by the Small Claims Court Act of 2016, authorize the designated officers to preside over Small Claims proceedings in their current and future court stations.
Auditor General Nancy Gathungu noted that the delays in completing courts in Dagoretti, Kasarani, Mihango, and Huruma are directly tied to the Executive Office of the President.