Introduction
We have heard a lot about the Small Claims Court, but most of us don’t really understand its advantages. If you live or do business in Kenya, you may have faced situations where someone owes you money, a contract wasn’t honored, or goods and services were supplied but never paid for. Traditionally, pursuing such disputes in court was expensive and time-consuming.
That’s why the Small Claims Court in Kenya was established — to provide a faster, cheaper, and more accessible way to resolve disputes valued at Ksh 1,000,000 or below.
At KNK Advocates LLP, based in Nairobi, we guide individuals and businesses across Kenya — including Nairobi, Mombasa, Kisumu, Eldoret, and Nakuru — on how to successfully use the Small Claims Court for debt recovery, contract disputes, and more.
What is the Small Claims Court in Kenya?
The Small Claims Court (SCC) is a specialized subordinate court created under the Small Claims Court Act, 2016.
Its main purpose is to make justice more accessible, affordable, and efficient for everyday Kenyans and businesses, especially SMEs.
Key highlights of the Small Claims Court in Kenya:
- Jurisdiction limited to civil and commercial disputes not exceeding Ksh 1,000,000.
- Designed for speed — cases are determined within 60 days.
- Simplified procedures and user-friendly forms.
- More affordable filing fees compared to other courts.
Types of Claims Handled by the Small Claims Court
The Small Claims Court in Kenya hears the following matters:
- Contracts for sale or supply of goods and services – e.g. unpaid invoices, unfulfilled service agreements.
- Money held or received – disputes about deposits or advances.
- Liability in tort – e.g. damage to movable property.
- Personal injuries – minor injuries with claims under the monetary limit.
- Set-off or counterclaims under a contract.
📌 Geo Tip: If your claim arises in Nairobi County, you will typically file at the Nairobi Small Claims Court, but SCCs have been rolled out in many other counties across Kenya.
Filing a Case in the Small Claims Court (Kenya Process)
Here’s a step-by-step breakdown of how to file a case:
- Confirm jurisdiction – Ensure your dispute is civil or commercial and under Ksh 1 million.
- Prepare your Statement of Claim – Attach all relevant evidence (contracts, invoices, receipts, photos).
- File at the SCC registry – Available in Nairobi (Milimani Law Courts) and other major towns in Kenya.
- Serve the defendant – They must receive official notice of your claim.
- Attend the hearing – Present your side; the court keeps it simple and less formal.
- Get a judgment – A decision is issued within 60 days.
- Enforce your judgment – If the losing party refuses to comply, court enforcement mechanisms can be used.
Why the Small Claims Court is Popular in Kenya
- Faster case resolution: Compared to years in ordinary courts, SCC delivers within two months.
- Cost-effective: Filing fees are minimal; sometimes waived.
- Accessible nationwide: Stations in Nairobi, Mombasa, Kisumu, Eldoret, Nakuru, and expanding to other counties.
- Ideal for SMEs and individuals: Especially helpful for businesses chasing unpaid debts or suppliers seeking quick justice.
Limitations of the Small Claims Court
While the SCC is efficient, keep in mind:
- Only disputes under Ksh 1 million are allowed.
- It does not cover land disputes, family cases, defamation, or employment matters.
- Strong evidence is still required for success.
- Enforcement may be challenging if the debtor has no assets.
How KNK Advocates LLP Can Help You
At KNK Advocates LLP, located in Nairobi, Kenya, we offer professional legal support for individuals and businesses pursuing claims in the Small Claims Court.
Our services include:
- Case assessment – confirming your matter qualifies for SCC.
- Drafting claims and responses – preparing all paperwork properly.
- Representation in court – appearing on your behalf if needed.
- Judgment enforcement – ensuring you actually recover what is awarded.
Whether you’re in Nairobi, Mombasa, Kisumu, Nakuru, or Eldoret, we’re ready to help you resolve your matter quickly and cost-effectively.
Frequently Asked Questions on the Small Claims Court in Kenya
1. What is the Small Claims Court in Kenya?
The Small Claims Court is a specialized court established under the Small Claims Court Act, 2016 to handle simple civil and commercial disputes efficiently. It mainly deals with cases valued at Kshs 1,000,000 or less.
2. What types of cases can the Small Claims Court handle?
The court hears civil and commercial claims including:
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Recovery of debts
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Contracts and agreements disputes
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Sale and supply of goods
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Service provision disputes
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Compensation for property damage
3. How do I file a case in the Small Claims Court in Kenya?
To file a case, you must complete Form SCC 1 (Statement of Claim) and submit it at the court registry together with supporting documents such as contracts, invoices, or receipts. In Nairobi, this is done at Milimani Law Courts.
4. Do I need a lawyer to represent me?
No, legal representation is not mandatory in the Small Claims Court. However, having a lawyer can help you prepare your documents correctly and improve your chances of success.
5. How long does it take to get a decision?
The law requires the Small Claims Court to conclude cases within 60 days from the date of filing. On average, many cases are resolved within 53 working days.
6. Where are Small Claims Courts located in Kenya?
Small Claims Courts are currently established in Nairobi, Mombasa, Kisumu, Nakuru, Eldoret, and Machakos, with plans to expand to more counties.
7. Can I appeal a decision from the Small Claims Court?
Yes. If you are dissatisfied with the decision, you may appeal to the High Court of Kenya, but only on matters of law.
8. What is the filing fee at the Small Claims Court in Kenya?
Filing fees vary depending on the amount claimed, but they are generally affordable compared to other courts to encourage access to justice.
9. Who presides over the Small Claims Court?
Cases are presided over by an Adjudicator, who performs a role similar to that of a Magistrate but focuses only on small claims disputes.
10. Why should I use the Small Claims Court instead of the Magistrate’s Court?
The Small Claims Court is designed to be faster, cheaper, and more accessible, making it ideal for individuals and businesses seeking quick resolution of disputes without lengthy delays.
Conclusion
The Small Claims Court in Kenya is transforming how Kenyans resolve low-value disputes by providing a fast, affordable, and accessible justice system. If your matter involves Ksh 1,000,000 or less, filing in the SCC can save you time and money.
👉 At KNK Advocates LLP, we help clients across Kenya navigate this process — from filing to enforcement.
📌 Call to Action
📞 Contact Khayesi & Khayesi Advocates LLP for expert guidance on employment disputes in Kenya.
- Nairobi Office: Utumishi Coop House, 4th Floor, Mamlaka Road, Nairobi
- Phone: +254724276901 | +254711472518
- Email: [email protected]
- 🌐 https://knkadvocates.co.ke
