Small claims court Kenya: a plain guide to filing a claim
Someone owes you money and a full court case feels like too much. The Small Claims Court was set up for disputes like that. Here is what it handles, who can appear, and how a claim is started, with the forms to download.
Small claims court Kenya is the part of the court system built for simple money disputes, without the weight of full civil procedure. Under the Small Claims Court Act, 2016, claims are capped at KSh 1 million, and the Act aims to finish a case within 60 days of filing. You can start one with a form you complete yourself.
This is Part 1 of a short series. It covers the first stage: understanding the court and filing your claim. Later parts cover responding to a claim, filing online and collecting what you are owed. This is general information as at October 2026.
Three points to start with
Small claims court Kenya: what it handles
Section 12 lists the kinds of dispute the court can hear. They include contracts for the sale or supply of goods or services, money held and received, loss of or damage to property, compensation for personal injury, and set-off or counterclaims under a contract. Think of an unpaid invoice, goods delivered but not paid for, or a deposit that was never returned.
Two rules are worth knowing early. You can’t split one claim into several smaller ones just to fit under the limit (section 14). And if your claim is bigger than KSh 1 million, the form asks you to give up the extra amount when you file.
Some disputes are left out altogether. Section 13(5) excludes defamation, libel and slander, malicious prosecution, disputes over title to or possession of land, and employment and labour relations. If your problem is a dismissal, that is a different route, which we cover in our guide to termination of employment in Kenya.
Who can appear, and where to file
The Act expects a party to appear in person. If you can’t, an authorised representative can appear for you, and the court has to be satisfied that a non-lawyer representative knows the case and has the authority to bind you (section 20). Advocates do appear in the court, and the Act provides for their fees. In other words, you don’t have to hire one to start a claim.
Where you file matters too. Under section 15, you can lodge a claim in a court if you live or do business within its local limits, or if the subject of the dispute is there, the contract was made or was to be carried out there, the cause of the claim arose there, or the person you are claiming from lives there. The registry can confirm which station applies.
Before you file: get your papers together
Most small claims court Kenya cases are won or lost on paperwork. Pull together the agreement or order, invoices and delivery notes, messages, receipts and anything that shows what was agreed and what was paid. If the claim is about damage, an estimate or repair receipt helps. A written demand for payment also helps, because it shows you asked first.
Check the names too. Use the full name of the person or business exactly as it appears on the contract, invoice or ID. A claim brought against the wrong name causes delays you can avoid.
Filing in the small claims court Kenya: step by step
Every claim begins with a statement of claim in the prescribed form, signed or authenticated by you or your authorised representative (section 23). If writing is difficult, you can present the claim orally to a court officer, who writes it down for you to sign.
- Complete the parties.
Your details, and the details of each person you are claiming from, including their legal status.
- Tick the nature of the claim.
Goods sold, services rendered, money had and received, damage to property or personal injury, with dates and amounts.
- Explain what happened.
A short account in the order it happened. Section 24 asks for particulars that tell the other side the grounds of the claim and how each amount was worked out.
- State the relief and sign.
The sum you want, costs, your declaration that the information is true, and the waiver of anything above KSh 1,000,000.
- Attach your documents and lodge.
File at the registry with copies of your papers. The Act also allows claims to be lodged electronically (section 23(7)). The Judiciary’s e-filing system is explained in this 2020 explainer, which does not mention small claims, so ask the registry whether you can file yours that way.
Download the forms
We’ve put the Statement of Claim (SCC 1) and the Response (SCC 2) in one six-page file. Use the Word version to fill in on screen, or the PDF to print and complete by hand.
Pages 1 to 3 are SCC 1. Pages 4 to 6 are SCC 2. If the court asks you to use its own current form, use that.
What happens after you file
A small claims court Kenya case moves quickly by design. Once your claim is lodged, it is served on the other side. Section 25 provides for the registrar to do this and gives the respondent fifteen days to file a written response, so ask the registry whether you need to arrange anything yourself. The court then notifies both sides of the hearing date.
The Act aims to reach a final decision within 60 days of filing, with judgment given on the day of the hearing or within three days of it (section 34). Appeals lie to the High Court on points of law only, and that decision is final (section 38).
The rest of the series follows each stage: responding to a claim, filing online, and collecting what the court awards you.
Collecting after judgment
Winning in the small claims court Kenya is one thing and collecting is another. In Gathaiya v Attorney General & 2 others [2026] KEHC 290 (KLR), the High Court held that Rule 25(1) of the Small Claims Court Rules, which applied arrest and committal to civil jail to the court’s orders, went beyond what the Act allows.
The Act itself provides for attaching movable and immovable property, attaching salary and executing against assets (sections 37, 39 and 40). We’ll cover this in a later article.
If you are the one being claimed against
If someone files in the small claims court Kenya against you, you will receive a copy of the statement of claim. Don’t ignore it. The response form, SCC 2, lets you say you owe nothing, owe part, admit the claim, or deny it, and to bring a counterclaim or set-off.
Our next article in this series walks through each option on the form.
The information in this article is provided for general informational purposes only and does not constitute legal advice. The law and court practice change, and the application of the law depends on the facts of each case. Court forms and fees can change. If you are considering a claim, please consult a qualified advocate.
Frequently asked questions
What is the claim limit in the Small Claims Court?
The Act sets the limit at KSh 1 million (section 12(3)). If your claim is larger, the form asks you to give up the part above the limit, and you can’t split one claim into several to get under it.
Do I need an advocate to file a claim?
No. A claim starts with a statement of claim in the prescribed form, which you can complete yourself. The Act expects a party to appear in person, with an authorised representative allowed where you can’t. Advocates also appear, and the Act provides for their fees.
Can I use the Small Claims Court for a land or employment dispute?
No. Disputes about title to or possession of land, and employment and labour relations, are excluded by section 13(5), along with defamation and malicious prosecution.
How long does a small claims case take?
The Act aims for a final decision within 60 days of filing, with judgment on the day of the hearing or within three days of it.
Can I appeal a Small Claims Court decision?
Yes, to the High Court, but only on points of law, and the High Court’s decision on appeal is final.
Questions about a money claim?
Contact Waweru Nyambura & Company Advocates, Thika Arcade, Thika.
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