Small Claims Court in Kenya: What You Need to Know
Small Claims Court in Kenya: What You Need to Know

The Small Claims Court in Kenya is a forum for resolving civil disputes between individuals or businesses where the amount in dispute is not more than KES 1,000,000. The court was established in 2016 under the Small Claims Court Act, 2016, with the aim of providing a simpler, faster, and cheaper way to access justice for Kenyans.

The Small Claims Court is presided over by an adjudicator, who is a lawyer with at least three years of experience. The court is informal and does not require the use of lawyers. Instead, the parties to the dispute are expected to represent themselves. The court also has a simplified procedure, with no complex rules of evidence or procedure.

To file a case in the Small Claims Court, you must first fill out a claim form and pay a filing fee of KES 500. You must then serve the claim form on the other party to the dispute. Once the other party has been served, they have 14 days to file a response.

If the other party does not file a response, you will be granted a default judgment. If the other party does file a response, the case will be scheduled for a hearing. At the hearing, the adjudicator will hear evidence from both parties and make a decision.

The decision of the adjudicator is final and cannot be appealed. However, if you are not satisfied with the decision, you can apply to the High Court for review.

The Small Claims Court is a valuable resource for Kenyans who need to resolve civil disputes. The court is simple, fast, and affordable, making it a more accessible option for justice than the regular court system. If you have a civil dispute where the amount in dispute is not more than KES 1,000,000, you should consider filing a case in the Small Claims Court.

Here are some additional things to keep in mind about the Small Claims Court in Kenya:

  • The court is located in different cities and towns across Kenya. You can find a list of the court locations on the website of the Judiciary of Kenya.
  • The court is open from Monday to Friday, from 8:30am to 5:00pm.
  • You can contact the court for more information by phone or email. The contact information for the court is available on the Judiciary of Kenya website.

I hope this blog post has been helpful. If you have any further questions about the Small Claims Court in Kenya, please do not hesitate to contact us at Lugogo Odhiambo Advocates. We will be happy to represent your dispute at the small claims court.