Unpaid invoices, a deposit that was never refunded, goods that were paid for but never delivered, or damage to your property. Small money disputes like these can be costly to pursue through the ordinary courts. The Small Claims Court was created to change that. It offers a simpler, faster and cheaper route for claims of up to one million shillings.
What is the Small Claims Court?
The Small Claims Court was established under the Small Claims Court Act, 2016 (Cap. 10A). It is a subordinate court presided over by an adjudicator, and its procedure is deliberately informal. The Chief Justice gazettes where the courts sit, and they now operate in Nairobi and in a growing number of court stations across the country.
How much can you claim?
The court’s pecuniary limit is KSh 1,000,000 under section 12(3) of the Act. You cannot split a larger claim into smaller ones to fit within the limit. If your claim exceeds it, you must file in the Magistrate’s Court or the High Court, or give up the excess.
What kinds of claims can it hear?
Section 12 allows the court to hear civil claims relating to:
- a contract for the sale and supply of goods or services;
- money held and received;
- liability in tort for loss or damage to property, or for the delivery or recovery of movable property;
- compensation for personal injuries; and
- set-off and counterclaim under any contract.
Some claims fall outside the court’s jurisdiction altogether. The Act excludes claims for defamation, libel, slander and malicious prosecution, disputes over title to or possession of land, and employment and labour relations disputes. The High Court has also held that personal injury claims arising from road traffic accidents belong in the Magistrate’s Court. If in doubt, take advice before filing.
How to file a claim
- Send a demand letter first. Before filing, write to the other party setting out what is owed and giving a reasonable deadline to pay. This often resolves the matter, and it shows the court you acted reasonably.
- Prepare your statement of claim. Complete the prescribed statement of claim, setting out who the parties are, what happened, the amount claimed and how it is calculated.
- Attach your evidence. Include contracts, invoices, receipts, delivery notes, M-Pesa or bank statements, photographs, and relevant emails or messages.
- File and pay. Claims are filed through the Judiciary’s e-filing system, and the filing fees are modest compared with ordinary civil suits.
- Serve the respondent. The claim must be served on the respondent, who is then required to respond within the prescribed time.
- Hearing or determination. The adjudicator may hear the parties and witnesses informally, or determine the claim on the documents alone. Settlement is encouraged at every stage.
How fast is it?
Speed is the court’s defining feature. Section 34 of the Act requires every claim to be heard and determined within 60 days of filing. In practice, many claims are resolved within that period, which is far faster than ordinary civil litigation.
Do you need an advocate?
No. The court is designed so that individuals and small businesses can present their own claims. That said, an advocate can help you frame the claim within the court’s jurisdiction, organise your evidence and quantify the claim correctly. An advocate can also help you anticipate any defence or counterclaim.
Time limits still apply
The Small Claims Court Act does not set its own limitation periods. The general law under the Limitation of Actions Act applies. For example, most contract claims must be brought within six years, and most claims in tort within three years. Do not delay.
After judgment: enforcement and appeal
A judgment of the Small Claims Court is enforced in the same way as a judgment of a Magistrate’s Court. Enforcement may include attachment of the debtor’s property or bank accounts, or garnishee orders against money owed to the debtor.
A party who is dissatisfied may appeal to the High Court, but only on points of law. An appeal is not an opportunity to re-argue the facts, so present your full case at the first hearing.
Frequently asked questions
Can a company file or be sued in the Small Claims Court?
Yes. Businesses commonly use the court to recover unpaid invoices, and companies can be sued as respondents.
What if the respondent raises a counterclaim?
The court can hear set-off and counterclaims within its jurisdiction, and both will be determined together.
Can I recover my costs?
The court may award costs, but these are usually modest given the simplified procedure.
How we can help
We regularly act in the Small Claims Court, for claimants recovering debts and refunds and for respondents defending claims. We also handle appeals to the High Court. To discuss a claim, contact Odek Law Advocates.
This article provides general information on Kenyan law as at October 2026 and is not legal advice. Please seek advice on your specific situation.