Completion of four small claims courts in Nairobi stalled despite Judiciary takeover
The courts were initially planned under NMS as part of an effort to expand access to justice in low-income areas.
Auditor-General Nancy Gathungu has faulted the Judiciary for failing to restart the procurement process for the stalled construction of four small claims courts in Dagoretti, Kasarani, Mihang’o and Huruma after taking over the projects from the defunct Nairobi Metropolitan Service (NMS) in 2023.
She revealed that despite advertising for bidders, the procurement process was terminated due to non-responsive bids, yet no efforts have been made to restart it, leaving the projects incomplete.
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The courts were initially planned under NMS as part of an effort to expand access to justice in low-income areas. A formal transfer agreement was signed on June 29, 2023, between NMS —then under the Office of the President — and the Judiciary, handing over responsibility for the projects.
A review of the Mihang’o project showed that a tender was advertised in February 2024 with an estimated engineer’s cost of Sh78.4 million.
“The tender for the completion of Mihang’o Small Claims Court was advertised on February 12, 2024, with an estimated engineer’s cost of Sh78,440,834… six bidders submitted applications for the works,” Gathungu explained.
However, all six bids were deemed non-responsive, leading to the cancellation of the process.
“The tender evaluation report dated March 15, 2024, recommended termination of the procurement process due to the non-responsiveness of all bids,” she said.
Further investigations in October 2024 confirmed that the Judiciary had not restarted the procurement process, leaving the Mihang’o court at just 20 per cent completion — the same level it had reached under NMS before the handover.
“Physical verification conducted in October 2024 revealed that the project remained stalled at 20 per cent completion level, a stage that was achieved under NMS before the project was transferred to the Judiciary,” the audit report says.
The stalled courts were intended to handle monetary disputes below Sh1 million, including civil, commercial and personal injury claims, providing an accessible avenue for resolving cases efficiently.
With the projects remaining incomplete, questions have been raised about the Judiciary’s commitment to ensuring their completion. It remains unclear when the procurement process will resume.
However, in a statement last week, Judiciary Spokesperson Paul Ndemo refuted claims of misusing taxpayers’ money, clarifying that the funds for the projects were never disbursed by the Treasury due to budget cuts.
He noted that these courts also serve as Gender Courts, ensuring justice for residents.
To actualise the initiative, he said the Judiciary collaborated with NMS, which had agreed to construct Small Claims Courts in Dagoretti, Kasarani, Mihango, and Huruma.
“Dagoretti Law Courts was completed and officially opened by Hon. Chief Justice Martha Koome on 11th October 2024. Within its first 100 days, the court had received 820 cases, closing 562 of them. Additionally, 216 Small Claims matters were filed, with 103 cases resolved,” he said.
Following the disbandment of NMS, Ndemo said the Judiciary took over the construction of the Kasarani, Mihang’o and Huruma courts through a Deed of Novation signed on March 28, 2023.
“The contract for Kasarani Law Courts was awarded in April 2024 at a cost of Sh73,156,617. However, due to budget cuts across the public sector, the Judiciary’s development budget was reduced by approximately 50 per cent. As a result, the contract could not be signed, and the contractor never reported to the site,” he said.
He insisted that it was misleading to claim that Sh73 million had been misused, stressing that the funds were never disbursed in the first place.“The correct position is that the funds earmarked for the project were never disbursed by Treasury owing to the budget reduction across the public sector,” he said.
Despite the stalled projects, Ndemo said the Judiciary remains committed to enhancing access to justice, particularly in the outskirts of Nairobi.
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