The Small Claims Court (Amendment) Bill No. 16 of 2025
- Name of the Bill as appearing on the Order Paper:
The Small Claims Court (Amendment) Bill, 2025
- The Stage of the Bill:
First Reading
- Summary of What the Bill Proposes to Do
This Bill, which is not yet law, seeks to amend the Small Claims Court Act. Its principal aim is to revise the jurisdiction of the small claims court and to provide for matters connected with, or incidental to, that revision.
The Bill proposes to amend the definition section of the principal Act by replacing the definitions of “Commission” and “small claim.” Under the proposed amendments, “Commission” will refer to the Judicial Service Commission established by the Constitution, and “small claim” will mean a liquidated claim or counterclaim that does not exceed a monetary threshold to be prescribed by the Chief Justice through a statutory instrument. Furthermore, the Bill introduces new definitions including “active politics,” “Emoluments Commission,” “judicial officer,” and “legally disqualified.”
In respect of jurisdiction, the Bill seeks to restrict the authority of the small claims court strictly to small claims. These claims may arise from specific causes of action such as recovery of movable or immovable property, debt and rental arrears, possession of premises where the monthly rent does not exceed the prescribed sum, matters relating to cheques and acknowledgements of debt, claims under the Money Lender’s Act within the set limit, and employment claims that fall within the jurisdictional threshold.
The Bill also aims to restructure the appointment and functions of commissioners. It provides that the Judicial Service Commission, in consultation with the Chief Justice, shall appoint part-time commissioners to the court. Additionally, the Chief Justice may designate a judicial officer to preside over matters within the small claims court. Provisions regarding the tenure of commissioners, grounds for vacation of office, and the determination of their allowances by the Emoluments Commission are also addressed.
The Bill introduces changes to the manner in which actions may be commenced before the court and allows both individuals and legal entities, such as corporate bodies or their authorised agents, to appear in proceedings. It further provides for counterclaims, which must not exceed the court’s jurisdictional limit.
The proposed legislation clarifies that enforcement of judgments shall be guided by relevant provisions of the High Court Act, the Subordinate Court Act, and the Debtors Act, with appropriate modifications. It also outlines the procedure for review of judgments, ensuring that the commissioner who determined the original matter does not participate in the review panel.
On matters of decorum and compliance, the Bill prescribes conduct standards for persons appearing before the court. Acts such as contempt, disobedience of court orders, and disorderly behaviour are penalised, with the applicable fine raised significantly under the proposed amendments.
The Bill addresses administrative and financial aspects of the small claims court. It proposes that the court’s funds shall consist of monies appropriated by Parliament, court fees, and other funds accruing to it. The Bill also revises provisions relating to the payment of prescribed fees and deletes certain provisions that are no longer relevant.
- When the Bill has been Gazetted as an Act of Parliament:
[To be updated when the Act is gazetted]
- Contacts for submission of Comments: Email the National Assembly or Visit the National Assembly Submission Portal