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2023-03-10 12:18:00

Eldoret Small Claims Court unlocks more than Sh250 million as schools, shylocks, dodgers top client list

Litigants seeking to file commercial cases at the Small Claims Court pay as little as Sh200, compared to Sh10,000 charged for similar cases at the Magistrate's Court. The Small Claims Court in Eldoret has in the past one year settled more than 200 cases and unlocked more than Sh250 million financial claims registered by complainants owed money. North Rift Small Claims Court adjudicator Tabitha Wanjiku Mbugua says the number of people seeking the intervention of the court to claim debts has been increasing since its launch in February 2022. "Since the inception of this court in 2022, we have seen a huge number of people filing claims. This indicates that the court is a timely venture, which has given solace to low-income earners. Our clients who were suffering in silence at the mercy of debt defaulters are now happy since we offer a legal solution to them," said Ms Mbugua. The court recently went viral after the magistrate told men seeking the court's help to claim 'fare eaten by their girlfriends' (referring to men who send money to women to go on dates with them, but who fail to show up) that it has no jurisdiction over such matters. The magistrate revealed that the comments were not taken well by men, who accused the court of being unfair to them. "Since I advised men whose 'fares' have been eaten by women that we can't help them recover their money, many have accused this court of being unfair to men. The law does not allow my court to help men to claim back fare eaten by women who fail to show up for dates," she reaffirmed. She however sympathised with such men. Ms Mbugua said by the end of February this year, the court had already unlocked more than Sh250 million financial claims. According to the magistrate, a majority of the claims involve school suppliers owed by the institutions. "By the end of 2022, we had unlocked Sh230,029,071. Between January and March, we have unlocked Sh18,458,863," said Ms Mbugua. Farmers in the region are also frequent clients of the court in relation to farm input transactions, as well traders involved in the shylock business, who have sought refuge in the court to claim their funds from debtors. Some North Rift residents and lawyers have praised the court's role in settling matters within a short period, saying the huge list of clients frequenting it demonstrates that it is greatly impacting on creation of a conducive business environment for many. The court hears and determines any given case within 40 days. Litigants seeking to file commercial cases at the Small Claims Court pay as little as Sh200, compared to Sh10,000 charged for similar cases at the Magistrate's Court. "This court came at the right time. I have been able to receive my payments from a school that had refused to pay me after supplying building material," said Mr John Atemba, a young entrepreneur in Eldoret who supplies schools with construction material. Ms Mbugua praised residents of Uasin Gishu for embracing the court, urging more locals to continue seeking legal redress in the court and avoid confrontations with their debtors. She said the court has minimised cases of people fighting and killing each other due to small debts. "Initially, cases of Kenyans killing each other due to small claims, even as little as Sh200, were high, but they have now reduced since those people seek legal address," said Ms Mbugua.

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