Filing a case with the Small Claims Court in Kenya offers a simplified and efficient way for individuals to resolve minor civil disputes. This legal mechanism is designed to provide accessible justice by handling claims up to a specified monetary limit through a streamlined process that ensures fairness and speed.
Filing a Case with the Small Claims Court
The Small Claims Court aims to resolve disputes expediently, with all matters heard and decided on the same day or on a daily basis until a final decision is made, which must be within 60 days of filing the claim. Below is a step-by-step guide on how to file a case:
1. Determine Eligibility
Before filing a case, confirm that your claim qualifies for the Small Claims Court. The court has jurisdiction over financial and civil claims that do not exceed the prescribed monetary limit.
2. Prepare Your Claim
Gather all necessary supporting documents, such as:
- Contracts
- Correspondence (emails, messages, letters)
- Invoices and receipts
- Any other relevant proof to substantiate your claim
- A list of witnesses, if applicable
Ensure that the amount being claimed falls within the court’s jurisdiction.
3. Complete the Claim Form
Obtain the official claim form from the Judiciary’s website or the nearest Small Claims Court registry. Fill out the form accurately with details such as:
- Claimant’s and respondent’s names
- Addresses
- Nature of the claim
- Amount being claimed
4. File Your Claim
Submit the completed claim form to the Small Claims Court registry nearest to the respondent’s residence or where the dispute originated.
- A filing fee may be required, which varies based on the nature of the claim.
- Keep a copy of all documents submitted for personal records.
5. Serve the Defendant
After filing, the court will provide a copy of the claim form, which must be served to the defendant through:
- Personal delivery (with a process server or in person, obtaining a signed acknowledgment)
- Registered mail (requesting a return receipt as proof of delivery)
Ensure that proof of service is obtained and presented to the court.
6. Defendant’s Response
The defendant has 15 days from the date of service to respond. They may:
- Admit the claim and agree to settle it.
- Dispute the claim and contest it in court.
- File a counterclaim if they have a related grievance against the claimant.
7. Mediation or Pre-Trial Conference
The court may schedule a mediation or pre-trial conference to encourage a settlement before a formal hearing.
- Mediation: A neutral mediator helps both parties reach a mutually acceptable agreement, which can be formalized and submitted to the court.
- Pre-Trial Conference: The court discusses key issues, evidence requirements, and potential settlement options.
8. Attend the Hearing
If no settlement is reached, the case proceeds to a formal hearing.
- Both parties will receive a notice with the date, time, and location of the hearing.
- The claimant and defendant will present their evidence and witness testimonies.
9. Await Judgment
After reviewing all evidence, the magistrate will issue a judgment.
- The ruling must be delivered within three days of the hearing.
- The decision will include a rationale based on the evidence and legal principles.
10. Enforcement of Judgment
If the court rules in favor of the claimant, the defendant must comply with the judgment.
- If the defendant fails to pay, legal enforcement actions such as wage garnishment or asset seizure may be initiated.
11. Appeal Process
A party dissatisfied with the court’s decision may appeal to the High Court on legal grounds.
- Appeals must focus on procedural errors or misapplications of the law.
- The High Court’s ruling is final and binding.
Withdrawal of a Claim
A claimant may withdraw a claim at any stage before a final judgment is issued.
- If a counterclaim has been filed, the hearing and resolution of the counterclaim will proceed independently.
By understanding this process, claimants can effectively navigate the Small Claims Court system, ensuring a fair and timely resolution of disputes.
