Ask a lawyer:
small claims court forms kenya

mwakili.com

Introduction

The Small Claims Court in Kenya is established under the Small Claims Court Act, 2016. It is designed to provide a simpler, faster, and more cost-effective way of resolving disputes involving small monetary claims. The court handles claims not exceeding Kshs. 1,000,000. This response will provide an overview of the forms used in the Small Claims Court in Kenya, their purposes, and the relevant legal provisions governing their use.

Overview of the Small Claims Court
- Establishment and Jurisdiction
- Purpose and Objectives
Types of Forms Used in the Small Claims Court
- Claim Form
- Response Form
- Application for Setting Aside Judgment
- Notice of Hearing
- Witness Summons
- Other Relevant Forms
Legal Provisions Governing the Use of Forms
- Small Claims Court Act, 2016
- Small Claims Court Rules, 2018
Filing and Processing of Forms
- Filing Procedures
- Fees and Costs
- Timelines and Deadlines
Conclusion

1. Overview of the Small Claims Court

Establishment and Jurisdiction

The Small Claims Court in Kenya is established under the Small Claims Court Act, 2016. According to Section 4 of the Act, the court has jurisdiction to hear and determine civil claims relating to:

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

The court's jurisdiction is limited to claims not exceeding Kshs. 1,000,000.

Purpose and Objectives

The primary objectives of the Small Claims Court are to:

Enhance access to justice for individuals and small businesses.
Provide a simpler, faster, and more cost-effective dispute resolution mechanism.
Reduce the backlog of cases in the higher courts.

2. Types of Forms Used in the Small Claims Court

Claim Form

Purpose: The Claim Form is used by the claimant to initiate a claim in the Small Claims Court.
Contents: It includes details such as the claimant's and defendant's names and addresses, the nature of the claim, the amount claimed, and any supporting documents.
Legal Provision: Section 23 of the Small Claims Court Act, 2016, and Rule 3 of the Small Claims Court Rules, 2018.

Response Form

Purpose: The Response Form is used by the defendant to respond to the claim made against them.
Contents: It includes the defendant's response to the claim, any counterclaims, and supporting documents.
Legal Provision: Section 24 of the Small Claims Court Act, 2016, and Rule 4 of the Small Claims Court Rules, 2018.

Application for Setting Aside Judgment

Purpose: This form is used to apply for the setting aside of a default judgment.
Contents: It includes reasons for the application and any supporting evidence.
Legal Provision: Section 25 of the Small Claims Court Act, 2016, and Rule 12 of the Small Claims Court Rules, 2018.

Notice of Hearing

Purpose: The Notice of Hearing is issued by the court to inform the parties of the date, time, and place of the hearing.
Contents: It includes details of the hearing and any instructions for the parties.
Legal Provision: Section 26 of the Small Claims Court Act, 2016, and Rule 5 of the Small Claims Court Rules, 2018.

Witness Summons

Purpose: The Witness Summons is used to compel the attendance of a witness at the hearing.
Contents: It includes the name and address of the witness, the date and time of the hearing, and any documents the witness is required to bring.
Legal Provision: Section 27 of the Small Claims Court Act, 2016, and Rule 6 of the Small Claims Court Rules, 2018.

Other Relevant Forms

Application for Adjournment: Used to request the postponement of a hearing.
Application for Review: Used to request a review of the court's decision.
Application for Execution of Judgment: Used to enforce the court's judgment.

3. Legal Provisions Governing the Use of Forms

Small Claims Court Act, 2016

The Small Claims Court Act, 2016, provides the legal framework for the establishment, jurisdiction, and procedures of the Small Claims Court. Key sections relevant to the use of forms include:

Section 23: Filing of claims.
Section 24: Response to claims.
Section 25: Setting aside judgments.
Section 26: Notice of hearing.
Section 27: Witness summons.

Small Claims Court Rules, 2018

The Small Claims Court Rules, 2018, provide detailed procedures for the operation of the Small Claims Court, including the use of forms. Key rules relevant to the use of forms include:

Rule 3: Claim Form.
Rule 4: Response Form.
Rule 5: Notice of Hearing.
Rule 6: Witness Summons.
Rule 12: Application for Setting Aside Judgment.

4. Filing and Processing of Forms

Filing Procedures

Submission: Forms can be submitted in person at the Small Claims Court registry or electronically where e-filing is available.
Verification: The court staff will verify the forms for completeness and accuracy before accepting them for filing.
Acknowledgment: Upon acceptance, the court will issue an acknowledgment receipt to the filer.

Fees and Costs

Filing Fees: The filing fees for various forms are prescribed in the Small Claims Court Rules, 2018. The fees are generally lower than those in higher courts to ensure affordability.
Waiver of Fees: In certain circumstances, the court may waive the filing fees for indigent parties.

Timelines and Deadlines

Claim Form: Must be filed within the limitation period applicable to the type of claim.
Response Form: Must be filed within 14 days of service of the Claim Form.
Application for Setting Aside Judgment: Must be filed within 30 days of the judgment.
Notice of Hearing: Issued by the court at least 7 days before the hearing date.

Conclusion

The Small Claims Court in Kenya provides an accessible and efficient mechanism for resolving small monetary disputes. The use of standardized forms simplifies the process for both claimants and defendants. The legal provisions governing the use of these forms ensure that the procedures are clear, fair, and consistent. By understanding the types of forms used in the Small Claims Court and the relevant legal provisions, parties can effectively navigate the court process and seek justice in a timely and cost-effective manner.