Barriers and facilitators of small claims courts in the promotion and protection of the right to access to justice in the indigent persons: a case study in Isingiro, Uganda

Abstract

This study examined the effectiveness of Small Claims Courts in Isingiro, with a particular focus on the challenges indigent individuals encounter when seeking access to justice through Small Claims Courts. Its objectives were to assess public awareness of Small Claims Courts in the promotion of the right to access to justice, and identify the key challenges faced by beneficiaries. Employing a qualitative research design with an exploratory approach, the study sought to capture the perceptions and experiences of various stakeholders. Data were gathered using purposive sampling methods through in-depth interviews and Focus Group Discussions (FGDs). Participants included local residents, police officers, local leaders, judicial officers, and small claims court litigants.The findings indicated that awareness of Small Claims Courts remained very low among the general population within the indigent persons in Isingiro jurisdiction. The study concluded that although the Small Claims Courts national wide have met the minimum regulatory standards, their capacity was inadequate to meet the needs of underserved communities such as Isingiro. It recommended strengthening awareness strategies and also making the already client friendly procedure more accessible to be effective.