Did you know that if a landlord refuses to return your deposit, you have the right to sue them? The same applies to someone you lent money to years ago who still hasn’t paid you back.
These are just some of the issues you can take to the Small Claims Court (SCC) — a court created specifically to handle such civil and commercial disputes quickly and affordably.
What is the Small Claims Court?
The Small Claims Court was introduced under the Small Claims Court Act of 2016 and officially began operations in the 2021/2022 financial year. Initially, these courts were set up in 12 counties: Nairobi, Kiambu, Kajiado, Machakos and Makueni, Uasin Gishu, Nyeri, Nakuru, Meru, Kakamega, Mombasa, and Kisumu.
Now, they’re available in more parts of the country and provide Kenyans with an easy and low-cost way to resolve disputes where the value is not more than Ksh1 million. These courts are efficient — judgments must be delivered within 60 days, and you don’t need a lawyer to represent you.
Small Claims Courts are widely used in many parts of the world to resolve simple disputes fairly, quickly, and at a much lower cost than ordinary courts.
What Kind of Cases Can Be Heard in Small Claims Court?
According to Section 12(1) of the Act, Small Claims Courts can handle various types of civil cases, including:
- Breach of contract – For example, if you paid for a service or product and didn’t receive what you were promised, you can file a claim.
- Money held or received – If someone is holding money that belongs to you (like a landlord refusing to refund a deposit or a client who hasn’t paid for services rendered), the court can help.
- Liability in tort – This includes situations where someone causes damage to your property or fails to return something that belongs to you.
- Compensation for personal injuries – If you were injured and believe someone else is responsible, you can seek compensation here.
- Set-off and counterclaims under a contract – If you sue someone, and they claim you also owe them money under the same agreement, the court can handle both claims at once.
Even influencers and freelancers who aren’t paid for their work can bring such matters before this court.
How to File a Claim in the Small Claims Court
If you want to take legal action in a Small Claims Court, here’s what you need to do:
- Get a Statement of Claim form – You can get this form from the Small Claims Court registry or download it from the Judiciary of Kenya’s official website.
- Fill in the form – Provide all the necessary details, such as your name, the defendant’s name, and the nature of your complaint.
- Pay the filing fee – Depending on the type of claim, you may be required to pay a small fee. It’s usually affordable.
- Serve the defendant – Once you file your claim, you must deliver a copy to the defendant. This can be done through personal delivery or via registered post. The defendant then has up to 15 days to respond.
- Attend mediation or a pre-trial meeting – The court might organize a mediation session where a trained mediator helps both parties try to reach a settlement. If both parties agree, the matter is resolved without going to trial.
- Proceed to hearing – If no agreement is reached or if one party doesn’t show up in good faith, the court will schedule a formal hearing. You will be notified of the date, time, and venue of the hearing.
- Receive judgment – The magistrate must issue a judgment on the same day or within three days after the hearing ends. If the judgment is in your favor, the defendant must pay the ordered amount.
What Happens After Judgment?
If the court rules in your favor, the defendant is expected to pay you voluntarily. If they fail to do so, you can ask the court to enforce the judgment, which might include orders to seize property or garnish wages.
Additionally, if you’re not satisfied with the judgment, you have the right to appeal to the High Court. And at any point before a final decision is made, you can choose to withdraw your case.
Using the Small Claims Court is one of the most effective ways for ordinary Kenyans to get justice when dealing with uncooperative landlords, unpaid debts, or service providers who fail to meet their obligations.
With minimal paperwork, affordable fees, and fast results, it’s an accessible option for anyone seeking justice without the hassle of long, expensive court battles.
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