What you Need to Know About Small Claims Court

One of the main reason the small claims court was created in Kenya, was to ensure access to justice as is guaranteed by the constitution of Kenya. However, most people do not know much about it. As a lawyer, I am going to share 5 things you should know about the small claims court.

1. The Maximum Compensation is One Million Kenya Shilling

This basically means, that is the maximum amount you can get from court. If you are seeking damages or compensation of more than one million, you should not file your case at the small claims court.

2. The court doesn't handle Employment matters, Land disputes and Criminal matters

The court has limited jurisdiction to determine civil claims relating to;

• Contract for sale and supply of goods or services;
• Contract relating to money held or received;
• Compensation for personal injuries;
• set-off and counterclaim under any contract; and
• Liability in tort in respect of loss or damage caused to any property or for the delivery or recovery of movable property.

3. The court has two months to finalise matters

Upon filing your suit, court has two months to bring the case to conclusion. Thou due to unavoidable circumstances court often exceed the two months.

4. The filing fees range from Kshs. 200 to Kshs. 1,000 based on the claim amount

How much fees you will be required to pay will be determined by the amount that you are claiming from court.

5. Appeals from there court are made to the High Court

If you are unsatisfied with the court decision, you can make an appeal to the high court within the required time.

I hope this information has been helpful. If you need assistance you can contact us through our website www.ruthtanuiadvocates.co.ke or email us on [email protected] or you can call/whatsapp us through 0714457082.