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    SmallClaimsCourt Amendment Act No.5of2020

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    David Kiama
    This document is the Kenya Gazette Supplement No. 70 containing Acts passed in 2020. It includes the Small Claims Court (Amendment) Act, 2020 which amends the Small Claims Court Act of 2016. The key amendments include increasing the prescribed claim limit from KES 100,000 to KES 1,000,000, allowing representatives of parties, and regulating the remuneration of advocates who appear before the Small Claims Court.

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    © All Rights Reserved
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    SmallClaimsCourt Amendment Act No.5of2020

    Uploaded by

    David Kiama
    25 views3 pages
    This document is the Kenya Gazette Supplement No. 70 containing Acts passed in 2020. It includes the Small Claims Court (Amendment) Act, 2020 which amends the Small Claims Court Act of 2016. The key amendments include increasing the prescribed claim limit from KES 100,000 to KES 1,000,000, allowing representatives of parties, and regulating the remuneration of advocates who appear before the Small Claims Court.

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    This is an amendment to the Act

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    This document is the Kenya Gazette Supplement No. 70 containing Acts passed in 2020. It includes the Small Claims Court (Amendment) Act, 2020 which amends the Small Claims Court Act of 2016. The key amendments include increasing the prescribed claim limit from KES 100,000 to KES 1,000,000, allowing representatives of parties, and regulating the remuneration of advocates who appear before the Small Claims Court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    25 views3 pages

    SmallClaimsCourt Amendment Act No.5of2020

    Uploaded by

    David Kiama
    This document is the Kenya Gazette Supplement No. 70 containing Acts passed in 2020. It includes the Small Claims Court (Amendment) Act, 2020 which amends the Small Claims Court Act of 2016. The key amendments include increasing the prescribed claim limit from KES 100,000 to KES 1,000,000, allowing representatives of parties, and regulating the remuneration of advocates who appear before the Small Claims Court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    NATIONAL COUNCIL FOR

    LAW REPORTING
    LIBRARY

    SPECIAL ISSUE

    Kenya Gazette Supplement No. 70 (Acts No. 5)

    REPUBLIC OF KENYA

    KENYA GAZETTE SUPPLEMENT

    ACTS, 2020

    NAIROBI, 30th April, 2020

    CONTENT

    Act—
    PAGE

    The Small Claims Court (Amendment) Act, 2020 65

    PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

    P R `)
    65
    THE SMALL CLAIMS COURT (AMENDMENT)
    ACT, 2020
    No. 5 of 2020
    Date of Assent: 30th April, 2020

    AN ACT of Parliament to amend the Small Claims


    Court Act
    ENACTED by the Parliament of Kenya, as follows-
    1. This Act may be cited as the Small Claims Court Short title
    (Amendment) Act, 2020.
    2. Section 2 of the Small Claims Court Act, 2016, Amendment of
    section 2 of
    hereinafter referred to as the "Principal Act", is amended— No.2 of 2016.
    (a) by inserting the following new definition in proper
    alphabetical sequence—
    "duly authorized representative" means the next of
    kin or a close relative of a party to the proceedings
    appointed in writing and approved by the
    Adjudicator to represent that party in court
    proceedings;
    (b) in the definition of the expression "prescribed
    limit" by deleting the words "one hundred
    thousand shillings" and substituting therefor the
    words "one million shillings".
    3. Section 12 of the Principal Act is amended in sub- Amendment of
    section 12 of
    section (3) by deleting the words "two hundred thousand No.2 of 2016.
    shillings" and substituting therefor the words "one million
    shillings".
    4. Section 20 of the Principal Act is amended— Amendment of
    section 20 of
    (a) by deleting sub-section (2); and No.2 of 2016.

    (b) in sub-section (3), by inserting the words "where


    the representative is not a legal practitioner"
    immediately after the words "under sub-section
    (1)".
    5. The Principal Act is amended by inserting the Insertion of a
    new section into
    following new section immediately after section 20— No. 2 of 2016.
    Remuneration of 20A. The Chief Justice shall, in consultation
    advocates.
    with the Council of the Law Society of
    No. 21 of 2014. Kenya established under the Law Society of
    Kenya Act, make orders prescribing and
    66
    No. 5 Small Claims Court (Amendment) 2020
    regulating the remuneration of advocates
    who appear before the Court.
    6. Section 33 of the Principal Act is amended in sub- Amendment of
    section 33 of No.2
    section (1) by deleting the words "where it is satisfied that of 2016.
    the claim to which such costs relate is vexatious, frivolous
    or an abuse of the due process of the Court" appearing after
    the word "proceedings".
    7. Section 34 of the principal Act is amended by Amendment of
    section 34 of No.2
    deleting sub-section (3) and substituting therefor the of 2016.
    following new sub-sections—
    (3) The Court may only adjourn the hearing of
    any matter under exceptional and unforeseen
    circumstances which shall be recorded and be
    limited to a maximum of three adjournments.
    (4) When considering whether to allow an
    adjournment on the grounds of exceptional and
    unforeseen circumstances referred to in sub-
    section (3), the court may in particular take into
    consideration where appropriate any of the
    following exceptional and unforeseen
    circumstances —
    (a) the absence of the parties concerned or
    their advocate or other participants to the
    proceedings required to appear in court for
    justified personal reasons which may
    include sickness, death, accident or other
    calamities;
    (b) an application by a party for the
    Adjudicator to withdraw from hearing the
    matter;
    (c) a request by parties to settle the matter out
    of court;
    (d) an appeal filed in the matter where orders
    of stay of proceedings have been granted;
    (e) an application by a party to summon new
    witnesses to court, collect new evidence,
    new inspection or evaluation or
    supplementary investigation on the subject
    matter of the case; and
    (1) any other exceptional and unforeseen
    circumstances which in the opinion of the
    court justifies or warrants an adjournment.

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