For years, small business owners, landlords, and individuals in Machakos avoided court because the process was slow, expensive, and required lawyers. That changed with the Small Claims Court (SCC), established under the Small Claims Court Act, 2016. The SCC handles claims up to KES 1 million (excluding interest and costs) and aims to resolve disputes within 60 days. Parties can represent themselves, and the rules are simplified. This guide explains which cases the SCC can hear, how to file, and what to expect.
Jurisdiction – What Claims Can You File?
- Contracts for sale of goods or services (unpaid invoices).
- Money lent or received (outstanding loans).
- Damage to property (e.g., car accident repair costs).
- Recovery of rent arrears (residential or commercial).
- Some tort claims for personal injury if the claim is below KES 1M and arises from an accident.
The SCC cannot handle: land disputes, title to land, defamation, or claims against the government or its officers in their official capacity.
Step‑by‑Step Filing Process (e‑Court Portal)
- Register on e‑Court – go to https://ecourts.go.ke and create an account.
- File a statement of claim – fill the online form with claimant and respondent details, amount claimed, and brief facts. Upload supporting documents (invoices, agreements, etc.).
- Pay filing fee – based on the claim amount, typically Ksh 500 – 2,000 (much lower than magistrates court).
- Service of summons – the court will serve the respondent electronically or via registered post.
- Response – the respondent has 14 days to file a defence.
- Case management and mediation – the SCC encourages mediation. An adjudicator may hold a virtual or physical hearing.
- Judgment – delivered within 60 days of filing. The decision is final – no appeal on merits, only on jurisdiction or procedural irregularities.
Enforcement of SCC Judgments
If the respondent does not pay, you can apply for a warrant of attachment or a garnishee order (bank account or salary attachment) through the court’s execution process. This is faster than in higher courts.
"I have helped clients recover unpaid school fees, supplier debts, and rent arrears in less than two months using the Small Claims Court. It is a game‑changer for ordinary Kenyans." — Faith Musyoka, Advocate
Musyoka & Mutinda offers fixed‑fee assistance to prepare and file Small Claims Court cases. We also help with enforcement. Contact us to evaluate your claim.