The Small Claims Court in Kenya is a subordinate court established under Section 4 of the Small Claims Court Act No. 2 of 2016.
It is designed to resolve simple civil disputes quickly, cheaply, and efficiently, especially claims that do not exceed Ksh 1 million.
The court has jurisdiction over civil matters, including contracts for goods and services, money owed or received, property damage, and compensation for personal injuries.
However, it does not handle cases such as defamation, land disputes, divorce, or employment-related matters.
How to File a Case in Small Claims Court: Step-by-Step Process
According to legal provisions, anyone, whether an individual or a company, can file a case in the Small Claims Court.
The person filing the case is called the claimant, while the person being sued is the respondent.
To file a case in Kenya’s Small Claims Court, the following procedures must be followed:
Download the Statement of Claim form (SCC 1) from the Judiciary website.
Fill in your personal details and those of the respondent.
Clearly explain your case and state what you are seeking, such as a refund, damages, or compensation.
Sign the Statement of Claim.
Attach all supporting evidence, such as M-Pesa statements, receipts, or contracts.
Create an e-filing account on the Judiciary system.
File the completed Statement of Claim together with all supporting documents.
Pay the required filing fees and download the mentioned notice.
Serve the respondent with the claim and file a Certificate of Service as proof of service.
Attend court on the scheduled date for the hearing.
Court Procedure and Rights of Parties
Once served, the respondent has 15 days to respond by either paying or settling the claim, admitting it in full or in part, or disputing it by filing a counterclaim or raising objections.
However, if the respondent fails to respond within the required time, the court may issue a judgment in favor of the claimant, provided that proper service is confirmed.
The law also allows either party to represent themselves or be represented by an advocate, although legal representation is not mandatory.
How long Small Claims Court Takes to Handle a Case
The Small Claims Court is designed for speed. Under the law , Cases must be concluded within 60 days of filing.
Additionally, Judgments are delivered on the same day or within 3 days of hearing, as adjournments are limited and allowed only in exceptional circumstances.
In cases where a party is dissatisfied with a decision , they may appeal to the High Court, but only on points of law. The High Court’s decision is final.
Valentine Taifa is an aspiring digital journalist with skills in research, script writing, news reporting and digital content who believes in truthful and impactful storytelling that gives people a voice and creates awareness. I am dedicated to turn ideas into real-time stories that educate and empower audiences. Beyond my technical skills, I bring creativity, curiosity, good communication skills, and the ability to learn fast and work well with others. She can be reached at [email protected]
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.