The Small Claims Court was established by the Small Claims Court Act, 2016 that aimed at doing away with the various stubbles to access to justice, including but not limited to Court filing fees, complex legal procedures and the lengthy periods before conclusion of a matter.
Jurisdiction of the Small Claims Court
Jurisdiction is the power of the Court to hear and determine matters. It is important to evaluate this aspect to ensure matters are instituted before the proper Court. Essentially this section elucidates what matters can heard by the Small Claims Court.
The jurisdiction of the Small Claims Court is provided for by Section 11 & 12 of the Act the same can be evaluated as hereunder:-
- Value of the Claim
The Small Claims Court handles matters whose value does not exceed Kenya Shillings 1 Million (Kshs. 1,000,000.00). However, a party whose Claim is above the statutory one million can file the Claim provided they swear a Declaration forfeiting the amount in excess
- Type of Claim
Section 12 (1) of the Small Claims Act, 2016, provides that the court has jurisdiction over civil claims relating to contracts for sale and supply of goods and services, debt recovery matters, compensation for personal injuries and other relating matters.
In as much as the Jurisdiction of this Court is limited to the matters outlined in section 12, any other matters related may be heard and determined by the Small Claims Court as the Court of Appeal in the recent case of Michelle Muhanda –v- LP holdings limited [2025] KEHC 393 (KLR) found that the Small Claims Court has jurisdiction in matters of rent, rent arrears and deposit as the same was within the purview of breach of contract in regards to money held and received.
- Local limit
It is generally advisable for parties to file a Claim in the Small Claims Court within; area which they ordinarily reside or carry on business, place the subject matter of their claim occurred or the area within which the Respondent resides.
How to File & Defend a Case in Kenya’s Small Claims Court
The procedure and / or steps in the filing of a Claim in the Small Claims Court may be summarized as follows:-
- Issuance of a Demand Letter;
- Filing of the Claim;
- Service of the Claim;
- Response to the Claim;
- Hearing;
- Judgment; and
- Execution
- Demand Letter
Though not a Court process in and of itself, it is considered the very first step a party should take before the filing of a Claim in the Court. This process involves the issuance of a demand letter by the complainant to the adverse party outlining the dispute and/ or issue, demand/ conditions to be fulfilled as well as the period within which the said demands should be settled. The essence of the demand letter is to give the adverse party an opportunity to settle the issue before the institution of a formal suit against them. Sometimes disputes are resolved at this point when the adverse party fulfills the conditions set out in the demand letter. Where the conditions are not fulfilled, a party may at this point now file and institute a Claim in the Small Claims Court
- Filing of the Claim
Any natural or artificial person may file a Claim in the Small Claims Court.
A Claim is instituted by filing of a Statement of Claim and other accompanying documents in line with the form provided by the Act and the Small Claims Court Rules For a matter to be considered properly filed and instituted, the attendant Court filing fees must be settled. A party may file a matter by themselves or through a Representative such as an Advocate.
A party who files a Claim is referred to as the Claimant and the person against whom the Claim is instituted is referred to as a Respondent. A party may file a matter by themselves or through a Representative such as an Advocate.
- Service of the Claim
After the filing of the Claim, the Claimant should proceed to serve the Statement of Claim upon the Respondent together with a Notice requiring the Respondent to file their Response in the matter. Service may be effected upon the Respondent physically or electronically as prescribed by the Civil Procedure Rules, 2010. The Claimant is thereafter required to file a return of service.
- Response to the Claim
After the service of the Claim upon the Respondent, the Respondent may file a Response to the issues raised in the Statement of Claim through admitting the Claim, denying the Claim or by way of a counter-claim or set – off.
Where a Response is not filed with fifteen (15) days after the service of the Claim, the Claimant may move the Court to enter Judgement in default of the Response, in which case the next process becomes execution.
- Hearing
When both parties have filed and shared their documents the matter proceeds for Hearing. This step includes the presentation of the parties’ case before the Court through adduction of evidence by way of their Pleadings, documents and/ or witness. However, parties may consent to produce evidence under Section 30 of the Act and avoid attending court for testifying.
- Judgement
This step constitutes the delivery of the Court’s decision after consideration of the Pleadings and evidence adduced before it at the Hearing stage.
- Execution
After the delivery of Judgement, the successful party (Decree Holder) then proceeds to extract the Court Decree and begins the execution proceedings. This stage involves the enforcement of the Court Decree and enables the Decree Holder to enjoy the fruits of the Judgement.
Orders and Decrees of the Small Claims Court are enforceable in the same manner as that of other Courts in accordance with Part III (Section 28 to 51) of the Civil Procedure Act, CAP 21 Laws of Kenya.
It is important to note that from the day of the filing of the Claim, the Small Claims Court is mandated to conclude matters by way of delivery of Judgement within a period of sixty (60) days.
Conclusion
As espoused above, the Small Claims Court is designed to ensure parties can get justice in quicker, effective and cost effective manner. In as much as the process and procedures are somewhat simplified, it is very much a Court system where court procedures and mannerisms apply. Therefore, having an Advocate on record is advisable to ensure a smooth process and to avoid the dismissal of your Claim before it’s logical conclusion as well as to ensure you are able to enjoy the fruits of your Judgement as the execution proceedings can be quite cumbersome. At F.M. Muteti & Co. Advocates, we have a fully-fledged department that specializes in practice in the Small Claims Courts across the country.
