Small Claims Court Faces Legal Uncertainty Over 60-Day Judgment Deadline

 

Small Claims Court Faces Crisis Over 60-Day Judgment Rule

Date: August 18, 2025
Source: Nation Newspaper

A seemingly simple debt dispute has escalated into a landmark legal battle that may shape the future of Kenya’s Small Claims Court (SCC). At the heart of the controversy is a fundamental question: Are judgments delivered beyond the statutory 60-day deadline valid, or are they null and void?

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The Dispute

In June 2023, Ms. Lynda Mwisiwa filed a claim at the Milimani Small Claims Court seeking Sh252,000 from Mr. Tim Ndaguri. The court delivered a judgment in her favor on December 8, 2023, exceeding the 60-day statutory deadline by 185 days under Section 34(1) of the Small Claims Court Act.

Mr. Ndaguri appealed, arguing the decision was invalid due to its lateness. Justice William Musyoka of the High Court agreed, declaring the ruling null and void and striking out the appeal on the same basis.

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Judicial Split

Justice Musyoka’s interpretation conflicts with earlier rulings by Justices Kizito Magare and the late David Majanja, who treated the 60-day provision as directory, not mandatory. They reasoned that strict adherence without penal consequences could hinder access to justice, particularly for ordinary litigants.

Justice Musyoka, however, was categorical:

“Proceedings conducted after the lapse of 60 days are without jurisdiction, rendering judgments null and void.”

He argued that ignoring statutory timelines undermines the SCC’s credibility and disproportionately affects vulnerable Kenyans, including “mama mboga, boda boda riders, and jua kali artisans,” who depend on fast, affordable, and accessible justice.

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Implications

The judicial disagreement creates serious uncertainty for litigants:

• Potential nullification of numerous past SCC rulings.
• Increased appeals and backlogs at the High Court.
• Erosion of public confidence in a court intended to deliver quick justice.

With at least 40 SCC stations nationwide handling over 41,000 cases annually, the stakes are high. The court was designed to serve Kenya’s informal economy, yet critics argue it is drifting toward the traditional, overburdened magistracy system.

The year ended June 2024 saw a backlog of 5,019 cases, slightly up from 5,012 the previous year. Rising appeals and divergent judicial interpretations further threaten the SCC’s ability to fulfill its original mandate, prompting calls for reform to improve efficiency and accessibility.

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Way Forward

The case underscores the need for:

• Legislative clarification of SCC timelines.
• Judicial consistency to prevent uncertainty.
• Operational reforms to strengthen the court’s efficiency and accessibility.

Until resolved, litigants risk receiving “judgments without teeth”, depending on which judge hears their appeal.

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Legal Insight – Muchangi Patrick & Associates

This dispute highlights the tension between procedural compliance and substantive justice. Timeliness is crucial to the SCC’s credibility, but a rigid approach could unfairly deny litigants the benefits of their claims. The question remains: Should justice bow to deadlines, or should deadlines bend to justice?

At Muchangi Patrick & Associates, Advocates, we provide expert representation in Small Claims Court matters, ensuring that claims are properly filed, deadlines observed, and clients’ rights protected. With our expertise in civil and commercial litigation, we guide clients through the SCC’s procedural complexities, protecting interests while navigating delays, appeals, and technical hurdles.