Small Claims

The Small Claims Court in Kenya is a special court that handles simple civil cases involving amounts of up to Ksh 1,000,000. It is designed to be fast, affordable, and easy to use, without the need for a lawyer. The court mainly deals with cases like:

  • Unpaid debts
  • Breach of contract
  • Loss or damage to property
  • Refund of money
  • Compensation for goods or services not delivered as agreed

Small claims court is designed for individuals or businesses to resolve disputes involving a relatively small amount of money. Here’s an outline of the general process:

Eligibility Check

  • Ensure the claim qualifies for small claims court. The amount you can sue for varies by jurisdiction (usually up to Kshs 1,000,000).
  • Check if your case is eligible for small claims, as it often involves debts, contracts, property damage, or personal injury.

Filing the Claim

  • Prepare Your Claim: Complete a small claims form detailing the nature of the dispute, the amount you’re seeking, and the defendant’s details.
  • Pay the Filing Fee: Fees vary but are usually low.
  • Submit the Claim: File your claim with the court, either in person or online, depending on the jurisdiction.

Serve the Defendant

  • After filing, you must notify the defendant of the lawsuit by serving them with a copy of the claim. This can be done by mail, in person, or through a process server.
  • There are strict rules about how this must be done to ensure fairness.

Pre-trial Procedures

  • Some courts may require a pre-trial conference to discuss the case, often encouraging settlement or mediation.
  • Both parties may be required to provide evidence, witnesses, and documentation in advance.

The Hearing

  • Present Your Case: On the hearing date, you’ll present your case before a judge or magistrate. This includes presenting evidence, calling witnesses, and making arguments.
  • Defendant’s Turn: The defendant will have the opportunity to respond with their side of the story.
  • The judge typically decides the case at the hearing or shortly afterward.

Judgment

  • After hearing both sides, the judge will issue a ruling, usually right away or within a few days.
  • If you win, the judge may order the defendant to pay the amount you requested.

Enforcing the Judgment

  • If the defendant doesn’t pay voluntarily, you may need to take additional steps (like garnishing wages or seizing property) to enforce the judgment. The court will provide guidance on how to do this.

Appeals (if applicable)

  • Both parties usually have the right to appeal the decision, but the process is limited and must be based on specific legal grounds.

Listen to the Small Claims Episodes on our Swala Nyeti Podcast:

Can you sue Kenya Power if someone dies from stepping on a live wire?

Can I punish a lending app for listing me on CRB despite paying my loan?

Can I enforce the sales contract that I entered into while drinking with the buyer in a bar?

Would you like more information on Small Claims? Talk to us!

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