Filing a case with the Small Claims Court in Kenya provides a simple option for individuals wanting to resolve minor civil issues without the complications that are associated with the higher courts.
This mechanism, designed to provide accessible justice, allows claimants to pursue claims up to a certain amount using a simplified system that prioritises expediency and fairness.
Understanding how to traverse this procedure means that claimants may properly present their arguments and seek redress for grievances, supported by clear documentation and compliance with procedural rules.
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Filing a case with the Small Claims Court
All procedures before the Small Claims Court on any particular day, so far as is practical, shall be heard and decided on the same day or a daily basis until the issue’s final decision, which shall be within sixty days of the date of filing the claim.
Here’s a step-by-step process on how to file a case with the Small Claims Court in Kenya.
1. Determine Eligibility
Ensure your case qualifies for the Small Claims Court, including the jurisdiction for financial claims and civil claims.
2. Prepare Your Claim
Gather all relevant supporting documents that might help your claim, such as contracts, correspondence invoices, receipts, etc.
Make a list of witnesses, if any, who can provide testimony in favour of your case.
Determine the amount you’re claiming and ensure that it comes under the jurisdiction of the Small Claims Court.
3. Fill Out the Claim Form
Get a Small Claims Court claim form from the Judiciary’s website or pick one up from the nearest Small Claims Court registry.
Complete the form accurately and completely with the required information, such as names of both claimant and responder, addresses, nature of the claim, etc.
4. File Your Claim
Choose a Small Claims Court that is preferably closest to the defendant’s residence or the point of origin of the lawsuit.
Submit your completed claim form to the Small Claims Court registry. You may have to pay a filing fee, which varies depending on the nature of the claim but is usually modest.
Remember to keep a copy of everything you submit for your records.
5. Serve the Defendant
Once your claim is filed, the Small Claims Court will provide a copy of the Claim Form. You must ensure the defendant receives a copy of the Claim Form (and other supporting documents), either personally or by other means, such as using a process server or registered mail.
Obtain proof of service to present to the Small Claims Court. For example–
- Personal delivery - done by a process server or you. Ask the defendant to sign a receipt to acknowledge they received the claim form. You can have a witness present who can testify to the delivery in case the defendant refuses to sign.
- Registered mail - Ensure that you request a return receipt (acknowledgement of receipt) from the postal service. The signed return receipt confirms that the defendant received the Claim Form.
6. Defendant’s Response
After receiving the Claim Form, the defendant has 15 days to respond where the defendant can–
- Admit the claim and agree to pay the amount claimed.
- Dispute the claim and contest some or all of the claims.
- File a Counterclaim by claiming against you if they have a valid counterclaim related to the dispute.
7. Mediation or Pre-Trial Conference
The Small Claims Court may schedule a mediation or a pre-trial conference to facilitate settlement discussions between you and the defendant to resolve the dispute without a formal court hearing.
In mediation, a trained mediator facilitates discussions between you and the defendant to help you reach a mutually acceptable agreement where–
- Mediation is voluntary, but both parties are encouraged to participate in good faith.
- If an agreement is reached during mediation, it can be formalized and submitted to the Small Claims Court for approval.
The Small Claims Court may schedule a pre-trial conference where–
- The purpose is to discuss the case, identify key issues, and explore the possibility of settlement.
- The magistrate or court officer may guide the evidence required and procedural matters.
- If an agreement is reached, it can be documented and submitted to the Small Claims Court for approval.
8. Attend the Hearing
If no agreement is reached in the mediation or a pre-trial conference, or if either party does not participate in good faith, the Small Claims Court may proceed to schedule a formal hearing.
Both the claimant and the defendant will receive a notice with the date, time, and location of the hearing.
During the hearing, present your case including your evidence and witness testimony. The defendant will also have an opportunity to present their defence.
9. Await Judgment
The magistrate will issue a judgment after considering the evidence and hearing both parties. The judgment in determining any claim must be provided on the same day, or no later than three days after the hearing.
The magistrate will consider the credibility of each party and their witnesses. The consistency, dependability, and significance of testimony will be examined.
The magistrate will explain why they made their decision, based on the evidence given and applicable law.
10. Enforcement of Judgment
If the magistrate rules in your favour and directs the defendant to pay, they are expected to comply voluntarily.
If the defendant does not comply voluntarily, you may be required to take legal action to enforce the judgment, such as garnishing income or seizing assets, depending on the court’s rules.
11. Appeal Process
A person who is dissatisfied with the Small Claims Court’s decision or order may file an appeal in the High Court on legal grounds.
Understanding the grounds for appeal and adhering to procedural requirements are essential for navigating this final stage of the legal process effectively.
Appeals in small claims cases are typically limited to procedural errors or mistakes of law made by the lower court judge.
Once the High Court issues its decision, that decision becomes final and must be complied with by the parties involved.
Withdrawal of claim
A claimant or joint claimant may withdraw the claim at any moment before final judgment.
The withdrawal of a claim by any individual will not affect the hearing and resolution of any counterclaim filed by the respondent.