Lawyer sues Chief Justice Koome over delayed rollout of Small Claims Courts
Sunday Memba claims that the Judiciary has only operationalised 39 Small Claims Courts out of the 337 required by law, leaving 298 sub-counties without access to the specialised courts designed to handle claims below Sh1 million.
A Nairobi-based lawyer has moved to the High Court seeking to compel Chief Justice Martha Koome to fast-track the establishment of Small Claims Courts across the country, accusing her of failing to meet statutory obligations under the Small Claims Court Act, 2016.
In the petition filed before the High Court, Sunday Memba claims that the Judiciary has only operationalised 39 Small Claims Courts out of the 337 required by law, leaving 298 sub-counties without access to the specialised courts designed to handle claims below Sh1 million.
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"The Respondent (Chief Justice) has failed to establish Small Claims Courts in every sub-county as mandated by Section 11 of the Act," reads part of the petition. "This denies citizens their constitutional right to accessible justice."
The lawyer argues that nine years after the law came into effect, the Judiciary's progress represents only 11.5 per cent of the statutory target.
He warns that at the current rate of establishing about four courts annually, it would take until the year 2097 to achieve full compliance.
Memba also faults the Chief Justice for gazetting the courts at the county level instead of the sub-county as required by law, saying the move undermines equal access to justice.
"By conferring jurisdiction upon entire counties, multiple counties or isolated sub-counties, the Respondent has in effect replaced the statutory unit of access, the sub-county, with larger and uneven territorial units," he says in his pleadings.
He further highlights disparities in access, noting that while some areas, such as Naivasha, have dedicated courts, others like Machakos and Makueni share one facility.
The petitioner now wants the court to declare the Chief Justice in violation of her constitutional and statutory duties and to order her to establish Small Claims Courts in all sub-counties within six months.
He also seeks orders compelling the Chief Justice to appoint qualified part-time adjudicators, as provided under Section 6(6) of the Act, to speed up the rollout.
Additionally, Memba wants the court to direct the Chief Justice to publish a national rollout plan in the Kenya Gazette and on the Judiciary's platforms detailing timelines for full implementation.
The case comes at a time the Judiciary has been grappling with funding shortfalls following Parliament's decision to slash its budget by over Sh3 billion last financial year.
However, Memba maintains that the Chief Justice already has adequate administrative tools and powers to meet the legal obligation, arguing that the Act explicitly empowers her to appoint part-time adjudicators to ensure efficient and economical delivery of justice.
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