Jurisdictional limitations of the Small Claims Courts: Whether the Court has authority to Issue Declaratory Judgments?

Jurisdictional limitations of the Small Claims Courts: Whether the Court has authority to Issue Declaratory Judgments?

The Small Claims Court in Kenya, established under the Small Claims Court Act, 2016, was designed to provide a forum for the quick and
efficient resolution of claims involving relatively low monetary value (up to Ksh.1 million). It is a court aimed at enhancing access to justice,
especially for individuals or entities seeking redress for minor civil claims without the complexities of the vigorous Magistrates and
High Court process. However, recently questions have arisen regarding the jurisdiction of the Small Claims Court in handling declaratory suits, that is, cases where a party seeks a court order to declare a legal status, right, or relationship between the parties without necessarily claiming damages.

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