Litigation
Litigation is the process of taking a dispute to court to be resolved by a judge. It involves filing a case, presenting evidence, and following legal procedures to get a decision. In Small Claims Court, litigation is simplified to make it faster and more affordable.
The litigation process in Kenya’s Small Claims Court is straightforward and designed to be fast and simple. Here’s a step-by-step guide:
Step 1: Determine if Your Case Qualifies
- The claim must be Ksh 1,000,000 or less
- It must involve unpaid debts, breach of contract, property damage, or similar issues
- The dispute should have happened within Kenya
Step 2: Prepare Your Claim
- Write down the details of your case
- Gather evidence (contracts, receipts, messages, agreements, etc.)
- Get the name and contact details of the person or business you’re suing
Step 3: File Your Claim
- Go to the nearest Small Claims Court
- Fill out the Statement of Claim Form
- Pay the required filing fee (varies based on the claim amount)
- The court stamps your documents and gives you a hearing date
Step 4: Serve the Defendant
- You must deliver court documents to the person/business you’re suing (Defendant)
- This is called service of process and ensures they know about the case
- The Defendant has 15 days to respond
Step 5: Court Hearing
- You and the Defendant present your evidence and arguments
- The court encourages mediation (settling the dispute without a full trial)
- If no settlement is reached, the Adjudicator (judge) listens to both sides and makes a decision
Step 6: Judgment and Enforcement
- The court makes a decision within 60 days
- If you win, the Defendant must pay the amount ordered
- If they refuse, you can ask the court to enforce the judgment
Listen to the Litigation Episodes on our Swala Nyeti Podcast:
Are you thinking of filing a case? Or would you like help checking if your case qualifies? We can guide you through the whole process! Talk to us!