How To File A Case In Small Claims Court in Kenya

Before filing a lawsuit in the small claims court, it is often recommended to try to resolve the dispute at hand out of court first before taking legal actions.

The courts encourage out-of-court settlement mechanisms commonly referred to as Alternative Dispute Resolution (ADR) in attempts to resolve disputes amicably among parties. Article 159(2) of the Constitution of Kenya 2010 affirms the use of ADR mechanisms, and the process is regulated by The Alternative Dispute Resolution Bill, 2019, and the Civil Procedure Act.

A demand letter, drafted by a lawyer, is required to be sent by the claimant to the other party first, outlining one’s claims and the amount sought in the dispute. The demand letter should give the recipient reasonable time to respond to the claims, preferably 14 to 21 days.

The purpose of a demand letter is an effort to try to resolve a dispute by reminding the other party of their obligations towards the aggrieved party or as per the agreement.

After the lapse of the given days to respond to the demand letter, if no action was taken by the other party, the aggrieved party can now proceed to file a lawsuit in the small claims court if the monetary value of the case is less than Sh1 million.

The types of cases that can be filed in the small claims court in Kenya include unpaid debts, breach of contract, property damage, and other small monetary disputes that amount to not more than Sh1 million.

This article gives a step-by-step guide on how to file a case in small claims court in Kenya, covering jurisdiction, document preparation, filing procedures, and more.

Steps for filing a case in the Small Claims Court in Kenya

1. Determine Jurisdiction:

• Ensure that your claim qualifies for the Small Claims Court. The claim must not exceed Sh1 million.
• Verify that the dispute falls under the types of cases handled by the court, such as debt recovery, contract breaches, and compensation for loss or damage.

2. Preparation of Documents:

• Statement of Claim: Prepare a concise statement outlining the details of your claim.
  Include the nature of the dispute, the amount claimed, and the basis of your claim.
• Supporting Documents: Gather all relevant documents to support your claim, such as contracts, invoices, receipts, correspondence, and any other evidence.
• List of Witnesses: If applicable, prepare a list of witnesses who can support your case
  with their testimonies.

3. Filing the Claim:

• Obtain the Claim Form: Visit the nearest Small Claims Court or download the claim form from the Judiciary of Kenya’s website.
• Complete the Form: Fill out the claim form accurately, providing all necessary details. Attach your statement of claim and supporting documents.
• Pay the Filing Fee: Submit the completed claim form along with the required filing fee at the court registry. The fee is generally modest but varies depending on the specifics of the claim.

4. Serving the Defendant:

• Service of Documents: After filing your claim, serve a copy of the claim form and supporting documents to the defendant. This can be done through personal service, registered mail, or a process server.
• Proof of Service: Ensure that you obtain proof of service, such as an affidavit of service, to present to the court.

5. Response from the Defendant:

• Defendant’s Reply: The defendant has 14 days to file a response to your claim. This response may include a counterclaim if applicable.
• Mediation or Pre-Trial Conference: The court may schedule a mediation session or pre-trial conference to attempt to resolve the dispute amicably.

6. Hearing:

• Notice of Hearing: If the case is not resolved through mediation, the court will schedule a hearing. Both parties will receive a notice indicating the date, time, and venue.
• Presenting Your Case: During the hearing, present your case, including your statement of claim, evidence, and witness testimonies. The defendant will also have the opportunity to present their defense.
• Court’s Decision: After considering the evidence and arguments, the magistrate will issue a judgment. This judgment is usually delivered promptly.

7. Enforcement of Judgment:

• Compliance: If the judgment is in your favour, the defendant is expected to comply with the court’s decision within the stipulated time.
• Enforcement: If the defendant fails to comply, you may seek enforcement of the judgment through the court. This could involve measures such as garnishment of wages, seizure of property, or other legal remedies.

8. Appeal (If Necessary):

• Grounds for Appeal: Either party may appeal the court’s decision within 30 days if there are grounds such as a procedural error or new evidence.
• Appellate Process: File a notice of appeal and follow the appellate procedures as outlined by the court.

Background on Small Claims Courts in Kenya

A Small Claims Court is a specialised commercial court created by statute with specific duties and powers designed to provide a judicial determination involving small amounts of money. Worldwide, the courts are characterised by simplicity of procedure, cost-effectiveness, and speedy resolution of disputes, thereby enhancing access to and expeditious delivery of justice.

In line with the Small Claims Court Act, 2016, the Judiciary has operationalised the Small Claims Courts (SCCs). The underpinning logic behind the establishment and subsequent operationalisation of the Small Claims Courts is to enhance the access to and expeditious delivery of justice and to further provide a platform within the justice system where civil and commercial disputes whose value does not exceed Sh 1 million are dealt with in a simple, efficient, and cost-efficient manner.

The establishment of the court was also part of a wider initiative to enhance the ease of doing business in the country, by creating an enabling environment for Small and Medium Enterprises (SMEs) to thrive by reducing the cost and time for enforcement of commercial disputes.

The operationalisation of the SCCs is also aimed at the creation of a people-centric approach to access to justice by affording the citizenry justice services that are accessible, inclusive, efficient, timely, and responsive to specific access needs of particular groups likely to suffer from social and economic disadvantage.

It had largely been observed that hefty court fees, complexity of procedures, and delays in the determination of cases contributed to barriers to access to justice, more so to the marginalised, vulnerable, and those with complex needs. The scale-up access to justice as envisioned is then able to create and prioritise basic and community-level justice.

The operationalisation of the SCCs is therefore designed to contribute towards achieving equality, poverty reduction, and social inclusion by ensuring that all persons have equal access to fair and timely justice.

During the 1st Phase of the operationalisation of the court, in the FY 2021/2022, the court was rolled out in twelve (12) counties: Nairobi, Kajiado, Kiambu, Uasin Gishu, Machakos & Makueni, Nyeri, Nakuru, Kakamega, Mombasa, Kisumu, and Meru Counties. By May 2023, the various SCCs had heard and determined over 27,000 cases valued at approximately Ksh 4.6 billion. The SCCs maintained a median time of

53 days for hearing and conclusion of cases. The significant reduction in time taken to resolve small claims is indicative of the transformative trajectory that the Judiciary is currently undertaking with a view of making the institution more effective and efficient.

It is notable that the operationalisation of the Small Claims Courts has enhanced access to justice by expanding the reach of the formal justice system and facilitated access to justice for a category of claimants who were previously unable to access mainstream judicial services for various reasons.

Notable Cases in the Small Claims Court:

Nyokabi v. Kamau (2022):

Nyokabi filed a claim for unpaid rent amounting to Ksh. 250,000. The court ruled in favor of Nyokabi, ordering Kamau to pay the outstanding rent and additional costs.

Otieno v. Akinyi (2021):

Otieno sought compensation for damaged goods worth Ksh. 500,000. The court awarded Otieno Ksh. 450,000 after considering the evidence presented.

Mwangi v. Wanjiru (2020):

Mwangi filed a claim for breach of contract related to a business transaction. The court found in favor of Mwangi, awarding damages of Ksh. 300,000.

Filing a case in the Small Claims Court in Kenya is designed to be a straightforward and efficient process to resolve minor disputes. By following these steps and ensuring proper preparation and documentation, you can effectively present your case and seek a fair resolution. Always consider seeking legal advice to ensure compliance with all procedural requirements and to enhance the presentation of your case.