Thread by @harrykaranja

Have you been sued in the #SmallClaimsCourt? Here is a short thread on my 100% full proof way to have the case thrown out of the SCC.

(🤫 don't tell everyone)

I'll start by saying (obviously) this is not legal advice, BUT here is a tactic that defense lawyers have used with great efficacy to have claims thrown out.

Just follow these 4 simple steps

1. Once you receive the claim, file a response denying and then ... here is the secret sauce... make a counter-claim for an amount of over KSh. 1m. The exact figure is not important, as long as you attach some "evidence" that the counterclaim has basis.

2. When the matter is mentioned, raise a Preliminary Objection. Say the SCC doesn't have jurisdiction because the claim exceeds KShs. 1m and that it is only fair that your claim be heard together with the counter-claim in a court with jurisdiction.

3. Very likely the court will agree with you and say, yes indeed it is your constitutional right for both the claim and counter-claim to be heard together. It will then dismiss the claim and direct you to file it in the magistrates court.

4. Presto! Just like that you've bought your client 3 more years to fight the claim (in case the Claimant is desperate enough to file it) in the magistrates court or even better, the slow, expensive, complex process will make them abandon the claim.

5. If this tweet has outraged you, good! Sooner or later this will happen to you as a Claimant. The #SmallClaimsCourt is facing an existential threat because of such tactics, and YOU and I need to be ready to defend it lest it be rendered another useless court.