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.
