Ask a lawyer:
How can I get assistance form a small claims court in Kenya?

Table of Contents

1. Introduction

2. Small Claims Court in Kenya

3. Jurisdiction of the Small Claims Court

4. Procedure for Filing a Claim

5. Assistance from the Small Claims Court

6. Conclusion

Introduction

This response will provide information on how to get assistance from the Small Claims Court in Kenya. It will cover the jurisdiction of the court, the procedure for filing a claim, and the types of assistance available.

Small Claims Court in Kenya

The Small Claims Court is a specialized court established under the Small Claims Courts Act, 2016 to provide a quick, efficient, and affordable means of resolving small claims. The court is designed to be accessible to individuals and small businesses who may not have the resources to engage in traditional court proceedings.

Jurisdiction of the Small Claims Court

The Small Claims Court has jurisdiction to hear and determine claims that do not exceed Ksh 1,000,000 (Section 3(1) of the Small Claims Courts Act, 2016). The court can hear claims relating to:

• Contractual disputes: This includes claims for breach of contract, non-payment of goods or services, and defective goods or services.

• Torts: This includes claims for negligence, defamation, and trespass.

• Recovery of money: This includes claims for unpaid debts, loans, and rent.

• Recovery of goods: This includes claims for the return of goods that have been wrongfully taken or detained.

Procedure for Filing a Claim

To file a claim in the Small Claims Court, the claimant must:

• Complete a claim form: The claim form is available from the court or online.

• Pay the filing fee: The filing fee is determined by the amount of the claim.

• Serve the claim on the defendant: The claimant must ensure that the defendant receives a copy of the claim.

• Attend the hearing: The court will schedule a hearing to determine the claim.

Assistance from the Small Claims Court

The Small Claims Court provides assistance to claimants in various ways:

• Simplified procedures: The court has simplified procedures that make it easier for claimants to navigate the legal process.

• Mediation: The court encourages parties to resolve their disputes through mediation.

• Representation: Claimants can be represented by a lawyer or advocate, but it is not mandatory.

• Information and guidance: The court provides information and guidance to claimants on the legal process and their rights.

Conclusion

The Small Claims Court in Kenya provides a valuable service to individuals and small businesses by offering a quick, efficient, and affordable means of resolving small claims. By understanding the jurisdiction of the court, the procedure for filing a claim, and the types of assistance available, claimants can effectively utilize this court to resolve their disputes.