Kenya’s Small Claims Court (SCC), established under the Small Claims Court Act, 2016 (amended in 2020), is designed to provide a quick, simple, and affordable platform for resolving certain civil disputes. Its main objective is to guarantee access to justice by ensuring timely disposal of cases using the least expensive methods and simple procedures.
Key Features & Jurisdiction
The SCC is a subordinate court presided over by an Adjudicator. Its jurisdiction is strictly limited to claims whose value does not exceed KES 1 million.
- Case Types: It handles civil claims relating to contracts for the sale/supply of goods and services, money held and received, liability in tort for damage to property, and compensation for personal injuries.
- Exclusions: It cannot handle cases involving defamation, land disputes, employment/labour relations, or tenancy/rent arrears.
- Timeliness: All cases must be heard and determined within 60 days from the date of filing. Judgment is delivered promptly, on the same day or no later than three days after the hearing.
- Procedure: The court follows simplified procedures, and the strict rules of evidence are relaxed. A party can appear in person or through an authorized representative who need not be an Advocate.
Step-by-Step Filing Process
- Pre-Court Demand: It is recommended to first issue a demand letter to the defendant, outlining the claim and providing a reasonable time (e.g., 14–21 days) for a response before filing the suit.
- File the Claim: Complete the official Statement of Claim (on the prescribed form), attach all supporting evidence (contracts, receipts) and submit it to the SCC registry nearest to where the defendant resides or the dispute arose. A modest filing fee must be paid.
- Serve the Respondent: The defendant (Respondent) must be officially served with a copy of the claim form and supporting documents. Proof of service, such as an Affidavit of Service, must be filed with the court.
- Response: The Respondent has 15 days from the date of service to file a response, which can include a denial, admission of the claim, or a counterclaim. Failure to respond within this time may result in a Default Judgment.
- Hearing/Mediation: The court may schedule a mediation or a pre-trial conference to facilitate settlement. If no settlement is reached, a formal hearing date is scheduled for both parties to present their case and evidence.
- Judgment and Enforcement: If the judgment is in the claimant’s favour, and the defendant fails to comply voluntarily, the successful party must seek further legal action for enforcement, such as seizing assets or garnishing income.
At Leap Options, we help clients prepare evidence packs, demand letters, and attend hearings to ensure swift resolution.
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