Procedure guides

Small Claims Court Filing Checklist for Kenya

What the Kenyan Small Claims Court expects in a self-prepared claim of up to 1,000,000 shillings, and the reasons a filing is returned.

Small Claims Court stations

How it works

  1. Write the caption: the Small Claims Court station, the claim number if one has been assigned, and the claimant and respondent with their addresses.
  2. Set the page: A4 paper, 2.5 cm margins on all four sides, 12 point type, 1.5 line spacing, numbered pages.
  3. Set out the facts in date order, one event per numbered paragraph, and state the amount and how it is calculated.
  4. Sign the statement of claim by hand and add the date and the declaration.
  5. File the original with a copy for the respondent and a copy for you, with the documents listed and numbered from 1, and attend the hearing yourself because no lawyer appears for a party in this court.

Next

How much can I claim in the Kenyan Small Claims Court?

Up to 1,000,000 shillings, excluding interest and costs.

In which language should I prepare my documents?

Proceedings may be conducted in English, Kiswahili or any other language the court allows, but the record of the court is kept in English. The document set is therefore prepared in English unless the court directs otherwise; confirm the position with the court if you want to file in Kiswahili.

Do I need a lawyer in the Small Claims Court?

No. The Small Claims Court does not allow a lawyer to appear for a party, and the parties attend the hearing in person.

Format requirements for this court

Documents for the Small Claims Court are on A4 paper, 21 by 29.7 cm. Small Claims Court Rules, 2022 (procedure and forms of the Small Claims Court)
Margins of 2.5 cm are kept on all four sides of the page. Small Claims Court Rules, 2022 (procedure and forms of the Small Claims Court)
Paragraphs in the statement of facts are numbered in sequence. Small Claims Court Rules, 2022 (procedure and forms of the Small Claims Court)
The statement of claim must be signed by the claimant. Small Claims Court Act, No. 2 of 2019 (sections 16, 18 and 25 to 32)
Proceedings may be conducted in English, Kiswahili or another language the court allows, but the record of the court is kept in English. Small Claims Court Act, No. 2 of 2019 (sections 16, 18 and 25 to 32)
The original is filed with the court, with one copy for the respondent and one copy for the claimant's own records. Small Claims Court Rules, 2022 (procedure and forms of the Small Claims Court)
The Small Claims Court hears claims of up to 1,000,000 shillings, excluding interest and costs. Small Claims Court Act, No. 2 of 2019 (sections 16, 18 and 25 to 32)

Every format rule is listed with its source so you can check it yourself.

Every format rule is listed with its source so you can check it yourself.