Can You Appeal a Small Claims Court Decision in Kenya?
If you’ve taken a case to the Small Claims Court in Kenya and you’re unhappy with the decision, you might be wondering if you can appeal. The short answer is yes, but there’s a catch—most appeals get dismissed, especially if they’re based purely on factual disagreements.
The Challenge of Appealing Small Claims Court Decisions
In most cases, appeals from the Small Claims Court to the High Court must be based on a point of law, not just because you think the magistrate got the facts wrong. Simply disagreeing with the decision isn’t enough—you must show that a legal mistake was made.
There are a few exceptional situations where the High Court might consider appeals based on factual errors.
4 Situations Where the High Court Might Consider Factual Issues
If the decision is completely unreasonable
Sometimes, a Small Claims Court decision is so far off from the evidence presented that it makes you wonder if they were even looking at the same case! In legal terms, this is called a “perverse” decision—no reasonable person would have come to that conclusion based on the facts. If this happens, the High Court may intervene.
If crucial evidence was ignored
Imagine a detective solving a case but ignoring a key witness—the outcome would likely be flawed. If the Small Claims Court failed to consider important evidence that could have changed the result, the High Court might agree to review the appeal.
If the court relied on evidence it shouldn’t have
On the flip side, sometimes a court relies on evidence that shouldn’t count—maybe something legally inadmissible was used to make the decision. If the judgment was based on evidence that should have been excluded, an appeal could be justified.
If the court misunderstood the facts
This isn’t just about disagreeing with the court’s decision. It’s about the magistrate misinterpreting key facts in a way that affects the legal outcome. If the court got the facts mixed up and made a legal mistake in understanding them, the High Court might step in.
Final Thoughts
These exceptions are rare and strictly applied—you must clearly show that your case falls into one of these categories for the High Court to consider your appeal. If your concern is simply that you disagree with the ruling, an appeal may not succeed.
If you’re thinking about appealing a Small Claims Court decision, it’s always a good idea to seek legal advice to assess whether your case meets the necessary threshold. Appeals can be complex, and getting the right guidance early can save you time and effort.
Need help with your case? Talk to a legal expert to see if an appeal is the right move for you!
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk to us.