Owed money for goods, services or a loan? The Small Claims Court offers a fast, low-cost way to recover up to KSh 1 million, with claims determined within 60 days of filing.
Unpaid invoices and personal loans that are never repaid are a constant headache for businesses and individuals. A traditional court case can take years, which often makes smaller debts not worth chasing. The Small Claims Court, established under the Small Claims Court Act, 2016, changed that by offering a simple, inexpensive and fast way to resolve smaller money claims.
What claims can the Small Claims Court hear?
The court can currently hear claims of up to KSh 1,000,000. Under section 12 of the Act, it deals with civil claims relating to:
- contracts for the sale and supply of goods or services;
- contracts relating to money held and received — for example, a loan or a deposit that has not been refunded;
- liability in tort for loss of or damage to property, or for the delivery or recovery of movable property;
- compensation for personal injuries;
- set-off and counterclaims under any contract.
Claims above the limit, and matters outside these categories, are filed in the ordinary courts.
Why use the Small Claims Court?
- Speed — the Act requires every claim to be heard and determined within 60 days from the date of filing.
- Low cost — filing fees are modest compared with the ordinary courts.
- Simple procedure — the court is not bound by the strict rules of evidence, proceedings are informal, and individuals can present their own cases.
- Finality — appeals to the High Court are allowed only on matters of law, which limits drawn-out litigation.
Before you file: send a demand letter
Write to the debtor setting out what is owed, why it is owed and a deadline for payment, and keep proof that the letter was delivered. A demand letter from an advocate often prompts payment without any court case — and if it does not, it shows the court that the debtor was given a fair chance to pay.
How to file a small claim, step by step
- Prepare the statement of claim — the prescribed form sets out the parties’ details, the amount claimed and a short summary of the facts.
- Attach your evidence — invoices, delivery notes, contracts, M-Pesa or bank statements, acknowledgements of the debt, relevant WhatsApp messages and your demand letter.
- File the claim and pay the fee — at a Small Claims Court registry or, in many court stations, through the Judiciary’s e-filing system.
- Serve the respondent — the claim must be served on the person or business you are suing, who can then file a response.
- Attend the hearing — an adjudicator hears both sides, often in a single sitting, and delivers a decision.
Do you need an advocate?
The court is designed so that individuals and small businesses can represent themselves. Many claimants still instruct an advocate to prepare the claim, organise the evidence and present the case — especially for larger claims, claims against companies, or where the other side is likely to resist.
After judgment: getting paid
A judgment is only valuable if it is paid. If the debtor does not pay voluntarily, the decision can be enforced like other court decrees — for example through the attachment and sale of the debtor’s goods by auctioneers, or garnishee orders against money held in the debtor’s bank account.
Do not leave it too late
Under the Limitation of Actions Act, most claims based on contract must be brought within six years, and most claims in tort within three years. The longer you wait, the harder it becomes to trace the debtor and prove the debt.
Frequently asked questions
What is the maximum amount I can claim in the Small Claims Court?
Currently KSh 1,000,000. Larger claims must be filed in the magistrates’ courts or the High Court.
Can I sue a company in the Small Claims Court?
Yes. Individuals and businesses can sue and be sued in the Small Claims Court, as long as the claim falls within the court’s jurisdiction.
How long does a small claims case take?
The Act requires claims to be determined within 60 days of filing, making it one of the fastest routes to a judgment in Kenya. Where the debt is disputed for reasons that could be settled, mediation may be faster still.
Our civil and commercial litigation team helps businesses and individuals recover what they are owed — from demand letters to Small Claims Court claims and enforcement. Book a consultation.
