Small Claims Court does not handle cases of women who eat fare

The Small Claims Court will not handle cases involving people who have ‘eaten’ fare sent to them by their loved ones, Eldoret Claims Court Magistrate Tabitha Wanjiku Mbugua has said.

Speaking during a public engagement forum over the weekend, Mbugua said since the opening of the court in Eldoret, some men have filed complaints of women who ‘eat’ fare and fail to show up to dates as promised.

The magistrate noted that it is difficult for the small claims court to return the fee given to the lovers if things go against what was expected.

"I sympathise with men who lose money to their female friends who eat fare and fail to honour invites. Some have approached my court for help but unfortunately, my court cannot compel such women to pay back the fare. The law on the jurisdiction of small claims court does not allow me to adjudicate on such," Mbugua said.

Similarly, she told Kenyans seeking help from spiritual ‘healers’ that the fees they are charged cannot be recouped in court if the rituals fail, because the law does not recognize these healers.

The Small Claims Court is established by the Small Claims Act 2016. The court has monetary jurisdiction over matters not exceeding Ksh.1 million.

The courts were established as part of an initiative to enhance the ease of doing business in the country.