An analysis of the viability of implementing the proposed small claims courts in the kenyan judiciary
Date
2016
Authors
Mwaura, Robert Muigai
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Publisher
Strathmore University
Abstract
This dissertation sought to evaluate the viability of introducing Small Claims Courts to the Kenyan Judiciary by investigating the legislative and institutional frameworks that would govern the small claims courts and examining the pecuniary jurisdiction that the courts would operate in if they were introduced. The proposed bill was taken into account and compared to the Small Claims Courts of South Africa. South Africa was chosen an ideal country because just like Kenya, it is a common law country. Finally, this dissertation sought to provide recommendations on the implementation of the courts.The project included a study, that was carried out on 40 advocates who were practicing within the Nairobi area. Secondary sources of information such as internet resources and books were also used in this project. It was evident that there was a lack of understanding of the proposed Small Claims Courts and that the bill had a number of ambiguities. This project recommends that the bill should be reviewed and the public should be sensitized on it thereafter.
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