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‘Eaten fare’, witchcraft cases not on Small Claims Court jurisdiction
The Eldoret Small Claims Court has advised that it cannot handle cases involving women who “eat fare” and witch doctors who fail to deliver after collecting money from clients.
The court adjudicator, Senior Resident Magistrate Tabitha Wanjiku Mbugua, stated that the law on the jurisdiction of small claims courts does not allow the court to compel women who take money from men and fail to show up for dates to pay back the fare.
Mbugua also stated that the Small Claims Court cannot assist in claiming fees paid to witch doctors when charms fail to work. She cautioned Kenyans against relying on social media misinformation about the operations of the court and encouraged them to seek proper information through court user committees and the Judiciary information desk in all courts countrywide.
She revealed that since the establishment of the court, men have been seeking to file complaints about women who take their money and fail to show up for dates. However, the Small Claims Court cannot handle such cases. She further clarified that the law does not recognise the existence of witchcraft, therefore, the fees paid to witch doctors cannot be claimed in a court of law.
The Judiciary and its stakeholders plan to embark on a campaign in the North Rift to create awareness among residents about the operations and jurisdiction of the Small Claims Courts.
This announcement comes after fake news about a woman who was fined KES 23,000 for eating fare went viral in July 2022, causing the Judiciary to denounce the fake news. The Judiciary warned against relying on social media misinformation about court operations.
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