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

M-Wakili: Kenyan AI Lawyer Assistant

Table of Contents

  1. Introduction

  2. Eligibility for Small Claims Court

  3. Filing a Claim

  4. Procedures in Small Claims Court

  5. Conclusion

  6. Sources

  7. Case Laws

Introduction

The Small Claims Court in Kenya is a specialized court designed to provide a quick, affordable, and accessible avenue for resolving small-value disputes. It was established under the Small Claims Court Act, 2016, to address the challenges of access to justice for individuals and small businesses.

Eligibility for Small Claims Court

To be eligible for the Small Claims Court, your claim must meet the following criteria:

  • Value of the Claim: The value of your claim must be Ksh 200,000 or less.

  • Nature of the Claim: The claim must be for a debt or other monetary claim, including:

    • Breach of contract

    • Goods or services not delivered or defective

    • Unpaid rent or utilities

    • Personal injury claims (limited to Ksh 100,000)

  • Parties Involved: The parties involved must be individuals, small businesses, or partnerships.

Filing a Claim

To file a claim in the Small Claims Court, you must follow these steps:

  1. Obtain a Claim Form: You can obtain a claim form from the Small Claims Court registry or download it from the Judiciary website.

  2. Complete the Claim Form: Fill out the claim form accurately and completely, providing all necessary details about your claim, including:

    • Your name and address

    • The name and address of the defendant

    • The amount of money you are claiming

    • A brief description of the claim

    • Supporting documents (e.g., contracts, invoices, receipts)

  3. File the Claim Form: Submit the completed claim form and supporting documents to the Small Claims Court registry.

  4. Pay Filing Fees: You will need to pay a filing fee, which is determined based on the value of your claim.

Procedures in Small Claims Court

Once your claim is filed, the Small Claims Court will follow these procedures:

  1. Service of the Claim: The court will serve the claim on the defendant, giving them notice of the claim and an opportunity to respond.

  2. Defendant's Response: The defendant has 14 days to file a response to the claim, either admitting or denying the claim.

  3. Mediation: The court may attempt to mediate the dispute between the parties to reach a settlement.

  4. Hearing: If mediation is unsuccessful, the court will schedule a hearing to hear evidence and arguments from both parties.

  5. Judgment: After the hearing, the court will issue a judgment in favor of either the claimant or the defendant.

Conclusion

The Small Claims Court in Kenya provides a valuable avenue for individuals and small businesses to resolve small-value disputes quickly and affordably. By understanding the eligibility criteria, filing procedures, and court processes, you can effectively utilize this court to protect your rights and seek justice.

Sources

Case Laws

  • Case: NABK v JSZ (Family Appeal 32 of 2022) [2023] KEHC 20466 (KLR) (12 July 2023) (Judgment)

    • Relevance: This case demonstrates the application of the Small Claims Court Act in family matters, specifically regarding disputes over property and financial settlements.

    • Parties: NABK (Appellant) and JSZ (Respondent)

    • Outcome: The court upheld the decision of the Small Claims Court, emphasizing the importance of following the established procedures and providing sufficient evidence.

  • Case: Attorney General v Kioko (Civil Appeal (Application) E017 of 2022) [2023] KECA 1326 (KLR) (10 November 2023) (Ruling)

    • Relevance: This case highlights the role of the Small Claims Court in addressing disputes involving government agencies and individuals.

    • Parties: Attorney General (Appellant) and Kioko (Respondent)

    • Outcome: The court ruled in favor of the Respondent, emphasizing the need for fair administrative action and the right to a fair trial.

Sample Claim Form

Small Claims Court Claim Form

Case Number: [Case Number]

Date: [Date]

Claimant: [Your Full Name]

Address: [Your Full Address]

Defendant: [Defendant's Full Name]

Address: [Defendant's Full Address]

Amount Claimed: Ksh [Amount Claimed]

Nature of Claim: [Brief Description of Claim]

Supporting Documents:

  • [List of Supporting Documents]

Statement of Claim:

[Detailed Statement of Claim, including facts, evidence, and legal arguments]

Relief Sought:

  • Payment of Ksh [Amount Claimed]

  • [Other Relief Sought]

Signature:

[Your Signature]

Date: [Date]

Witness:

[Witness 1 Full Name]

Address: [Witness 1 Address]

Signature:

[Witness 1 Signature]

Date: [Date]

Witness:

[Witness 2 Full Name]

Address: [Witness 2 Address]

Signature:

[Witness 2 Signature]

Date: [Date]

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