Kenya has a Small Claims Court under the Judiciary that has been in place for some years now. However, many people seem not to be aware of its existence.
Small Claims Courts were established to help people with “small economic cases” to get justice fast and in a timely manner. The proceedings are done in a timely manner with deadlines and to their conclusion.
Section 34 of the Act provides that all proceedings before the Court on any particular day so far as is practicable shall be heard and determined on the same day or on a daily basis until the final determination of the matter.
How can Kenyan Influencers take advantage of the Small Claims Court?
First, there are clients who have formed a habit of disappearing with payments meant for the influencers as soon as the work is done. They ghost them, never to be seen.
Second, there are those clients who come up with all manner of excuses as soon as goods or a service has been delivered just to avoid paying. They will accuse you of not delivering to expectations.
To benefit from the Small Claims Court when it comes to that point where the client doesn’t want to pay, the influencer must ensure the following:
Have an LPO (Local Purchase Order). Never accept to start any engagement without an LPO. An LPO is admissible in court and is a commitment that the said client had given you work.
Sign a contract. Make sure you have a signed contract however small the engagement is. The agreement should have two sections that you and your client will have to sign.
Use emails to communicate. Avoid phone calls, WhatsApp messages, and texts when it has anything to do with engagement. Insist that everything is put in writing so that when the time comes, you have evidence to show.
Why the Small Claims Court? The beauty about this court is any amount under contention, from as little as 50,000 shillings can be deliberated on and justice dispensed within the shortest time possible.
