How to File a Case with the Small Claims Court in Kenya

Filing a case with the Small Claims Court in Kenya offers a simplified and affordable way for individuals to resolve minor civil disputes without the complexity of the higher courts. The Small Claims Court Act, 2016, establishes this court to handle claims up to KES 1 million, ensuring quick and accessible justice.

This guide provides a step-by-step process for filing a claim in Kenya’s Small Claims Court.

1. Overview of the Small Claims Court

The Small Claims Court is designed to:

• Resolve cases within 60 days from the date of filing.
• Provide a simple and cost-effective process for claimants.
• Hear disputes related to financial claims, breach of contracts, property damage, and service delivery disputes.

The court operates under expedited procedures, allowing claimants to represent themselves without necessarily hiring a lawyer.

2. Who Can File a Case?

To qualify for the Small Claims Court, your case must:

• Involve a civil dispute (e.g., unpaid debts, property damage, breach of contract).
• Have a claim amount that does not exceed KES 1 million.
• Not fall under criminal, constitutional, or family law matters.

The court has jurisdiction in all 47 counties in Kenya.

3. Steps to File a Case in the Small Claims Court

Step 1: Prepare Your Claim

Before filing, ensure you have:

• All relevant supporting documents, such as contracts, invoices, receipts, agreements, or any written communication.
• A list of witnesses (if any) to support your case.
• A clear calculation of the amount being claimed.

Step 2: Obtain and Fill Out a Claim Form

• Get the Small Claims Court claim form from the Judiciary’s website or your nearest Small Claims Court registry.
• Fill out the form accurately, providing:
  • Claimant’s and defendant’s full names and addresses.
  • The nature of the claim.
  • The amount being claimed.
• Ensure you attach all supporting documents.

Step 3: File Your Claim

• Submit the completed claim form at the Small Claims Court registry nearest to the defendant’s residence or place of business.
• Pay a filing fee (varies by case but is usually affordable).
• Keep copies of all documents for your records.

Step 4: Serve the Defendant

Once the claim is filed, the court provides a stamped copy for you to serve on the defendant.

Methods of Serving the Defendant:

1. Personal delivery – Hand over the documents directly to the defendant.
2. Registered mail – Send via post and request a return receipt.
3. Process server – Hire a professional process server to deliver the documents.

Ensure you obtain proof of service, such as:

• Acknowledgment of receipt signed by the defendant.
• Return receipt from postal services.

Step 5: Defendant’s Response

The defendant has 15 days to respond by:

1. Admitting the claim and agreeing to pay.
2. Disputing the claim by filing a defense.
3. Filing a counterclaim if they believe they have a claim against you.

If the defendant fails to respond, the court may issue a default judgment in your favor.

Step 6: Mediation or Pre-Trial Conference

• The court may arrange mediation to encourage settlement.
• A pre-trial conference may be held to clarify issues before the hearing.
• If both parties agree on a settlement, the court formalizes it.
• If no agreement is reached, the case proceeds to hearing.

Step 7: Attend the Hearing

If mediation fails, the case proceeds to a formal hearing where:

• The claimant presents evidence and witness testimony.
• The defendant presents their defense.
• The magistrate listens to both sides before making a decision.

Step 8: Judgment

• The magistrate delivers a ruling on the same day or within three days.
• The ruling is based on evidence, witness credibility, and applicable laws.
• If you win, the court orders the defendant to pay the claimed amount.

4. Enforcement of Judgment

If the defendant fails to pay, you may seek enforcement options, including:

• Garnishing their wages or bank accounts.
• Seizing their assets to recover the amount.
• Applying for a court order to compel payment.

5. Appeals Process

• If dissatisfied, you can appeal to the High Court within 30 days on legal grounds (not factual disagreements).
• High Court decisions on small claims cases are final.

6. Withdrawal of Claim

• You can withdraw your claim anytime before judgment.
• If the defendant has filed a counterclaim, it will still proceed despite your withdrawal.

Conclusion

The Small Claims Court provides a fast, efficient, and accessible way to resolve minor disputes in Kenya. By following the correct procedures and presenting clear evidence, claimants can effectively seek justice without the need for expensive legal representation.

For more details, visit the Judiciary of Kenya website or your nearest Small Claims Court registry.