Triumph in Raising Awareness: Successful Sensitization of Lawyers and Advocates Practicing before the Small Claims Court

The first phase of the Small Claims Court (hereinafter, “the SCC”) sensitization campaign, which focused on training lawyers and advocates, has been a resounding success. Over 340 lawyers and advocates of the High Court of Kenya participated, engaging in comprehensive discussions on the Small Claims Court Act, Rules, and procedures. This training has equipped advocates with the necessary knowledge and skills to effectively represent clients before the SCCs, ultimately enhancing the court’s efficiency and accessibility.

The sensitization campaign was organized by, CMR-Africa, in collaboration with the Law Society of Kenya (LSK) and the Office of the Registrar Magistrate Court (ORMC) under the Judiciary in accordance with the Judiciary’s Social Transformation Through Access to Access to Justice Agenda.

The training aimed to sensitise lawyers and advocates on the proper conduct of proceedings before the SCC. This initiative arose from the recognition that, as a relatively new institution in Kenya, the SCC was not included in the law school curriculum of current Advocates of the High Court. Consequently, accustomed to traditional court practices, these advocates have inadvertently applied them before the SCC, impacting the effectiveness of advocacy and the overall efficiency of the SCC system.

Recognising this need, the training sought to equip advocates with the necessary knowledge and skills for effective representation within the SCC framework. This will not only enhance the delivery of justice by the SCC but also ensure that clients receive the best possible representation.

The training session for advocates was conducted by adjudicators of the SCC, with representatives from CMR-Africa and the LSK moderating the training session. The following topics were comprehensively explored:

1. Small Claims Court Act, 2016: A detailed analysis of the Act’s provisions and its application in practice.
2. Small Claims Court Rules, 2019: A thorough examination of the procedural rules governing the court’s operations.
3. Court Processes of the Small Claims Court: A clear explanation of the steps involved in initiating and concluding proceedings before the court.
4. Execution of Decrees and Orders of the Small Claims Court: A comprehensive understanding of the mechanisms for enforcing the court’s decisions.
5. Best Practices by Advocates before the Small Claims Court: Practical guidance for advocates on effective representation within the court’s specific framework.
6. The Role of Advocates before the Small Claims Court: Defining the responsibilities and ethical considerations for advocates appearing before the court.

On the above premise, the training session’s robust content encompassed the rationale for establishing the SCC, its jurisdictional boundaries, and the practicalities of courtroom procedure. Notably, the presentation by adjudicators, who preside over the court, provided advocates with invaluable insights from the bench’s perspective, enhancing their understanding of the court’s operation and expectations.

The training is the first of many trainings that are scheduled to take place in the coming months in order to reach more lawyers and advocates who practice law before the SCC.