How Kenyans Can File Cases Worth Up to KSh1 Million in Small Claims Court

Filing a case in Kenya’s Small Claims Court is a straightforward process designed to make justice more accessible for ordinary citizens.

The court handles civil disputes valued at up to 1 million shillings, covering contracts, personal injuries, property damage, and compensation claims.

To begin, a claimant must file a Statement of Claim using form SCC 1, available on the Judiciary website.

Supporting documents, such as contracts or receipts, should be attached to the submission. Once filed, the claimant must serve the respondent with a copy of the claim and submit proof of service to the court.

Respondents have 15 days to act. They may choose to settle directly, admit the claim fully or in part, or dispute it.

If they fail to respond, the court may enter judgment in favor of the claimant by default.

Legal representation is optional; the process is designed so individuals can represent themselves.

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Filing fees are minimal, usually not more than 1,000 shillings, and fees for commercial disputes under 1 million shillings have been waived.

By law, cases must be resolved within 60 days, with judgments delivered on the same day of the hearing or within three days. Adjournments are strictly limited to exceptional circumstances.

Alternative Ways to Resolve

Parties also have the option of using alternative dispute resolution (ADR), with any agreement recorded as a binding order of the court.

If dissatisfied with the outcome, a party may appeal to the High Court, but only on matters of law.

The court currently sits at the Milimani Commercial Court in Nairobi, with plans to expand nationwide.

Its official languages are English and Kiswahili, though provisions are made for indigenous languages, Braille, and other accessible communication forms.

The Small Claims Court was established under the Small Claims Court Act of 2016 to alleviate congestion in higher courts and deliver timely justice.

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Step-by-Step Summary 

1. Confirm your case qualifies

– Must be a civil claim worth KSh 1 million or less (contracts, personal injury, property damage, or compensation).

– Excludes defamation, land disputes, divorce, or employment cases.

2. Fill the claim form (SCC 1)

– Available on the Judiciary website or at the court.

– Attach all supporting documents (contracts, receipts, statements).

3. File the claim at the Small Claims Court

– Pay the small filing fee (not more than KSh 1,000).

– Commercial claims under KSh 1 million currently have fees waived.

4. Serve the respondent

– Give them a copy of the claim and supporting documents.

– File a certificate of service with the court.

5. Respondent’s options (within 15 days)

– Settle directly with you.

– Admit part/all of the claim.

– Deny, counterclaim, or request transfer.

– If they don’t respond, the court may enter judgment in your favor.

6. Court hearing and judgment

– Cases must be heard and decided within 60 days.

– Judgment is given the same day or within 3 days of hearing.

7. After judgment

– The court may order costs and interest (not part of the KSh 1M cap).

– If unhappy, you may appeal to the High Court on matters of law only.

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