Ask a lawyer:
What happens if you don't show up to court after being sued in the small claims court?

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Introduction

This response will address the consequences of failing to appear in court after being sued in the Small Claims Court in Kenya. It will delve into the legal framework governing such situations, outlining the potential repercussions for the defendant.

Legal Framework 1.1. The Small Claims Court Act 1.2. The Civil Procedure Act 1.3. The Constitution of Kenya
Consequences of Non-Appearance 2.1. Default Judgment 2.2. Enforcement of Judgment 2.3. Potential for Further Legal Action
Conclusion

Legal Framework

1.1. The Small Claims Court Act

The Small Claims Court Act, 2016, establishes the Small Claims Court as a specialized court designed to handle civil disputes involving small amounts of money. This Act outlines the procedures for filing claims, serving notices, and conducting hearings in the Small Claims Court.

1.2. The Civil Procedure Act

The Civil Procedure Act, 2010, provides the general framework for civil litigation in Kenya. It outlines the rules of procedure, including the process for serving summonses, filing responses, and conducting trials.

1.3. The Constitution of Kenya

The Constitution of Kenya, 2010, guarantees the right to a fair hearing and the right to be represented by a lawyer. These rights are relevant to the consequences of non-appearance in court.

Consequences of Non-Appearance

2.1. Default Judgment

If a defendant fails to appear in court after being sued in the Small Claims Court, the court may enter a default judgment against them. This means that the court will rule in favor of the plaintiff without hearing the defendant's side of the story.

Section 10 of the Small Claims Court Act states that if a defendant fails to appear in court, the court may proceed to hear the case in their absence and enter judgment against them.
Order 10, Rule 1 of the Civil Procedure Act outlines the procedure for entering a default judgment.

2.2. Enforcement of Judgment

Once a default judgment is entered, the plaintiff can proceed to enforce the judgment against the defendant. This means that the plaintiff can take steps to recover the amount of money awarded by the court.

Section 11 of the Small Claims Court Act provides for various methods of enforcing judgments, including:
- Warrant of attachment: This allows the court to seize the defendant's property to satisfy the judgment.
- Garnishee order: This allows the court to order a third party (e.g., the defendant's employer) to pay the judgment amount directly to the plaintiff.
- Judgment debtor summons: This allows the court to summon the defendant to explain why they have not paid the judgment amount.

2.3. Potential for Further Legal Action

In addition to the consequences outlined above, the defendant may face further legal action if they fail to comply with the court's orders.

Contempt of court: Failing to comply with a court order can be considered contempt of court, which is a serious offense that can result in fines or imprisonment.
Further litigation: The plaintiff may also initiate further litigation to enforce the judgment or to seek additional remedies.

Conclusion

Failing to appear in court after being sued in the Small Claims Court can have serious consequences for the defendant. The court may enter a default judgment against them, which can be enforced through various means. The defendant may also face further legal action, including contempt of court proceedings. It is therefore crucial for defendants to appear in court and defend themselves against claims. If they are unable to appear, they should seek legal advice to explore their options and protect their rights.