Small Claims Court Process and Important Facts

The Basics
Small claims court is only for simple cases to recover money or property
worth less than 1 Million Shillings. If you seek more than Kshs. 1 Million or require the judge
to rule on matters of law, the claim is no longer “simple” and you should
consult an advocate. If the amount you seek is more than Kshs. 1 Million, to use
small claims court, you must agree to waive and forfeit the recovery of all sums in excess of Kshs. 1 Million.

How Do I File A Claim
You can file your claim by going to the small claim court where you live or where the person being sued resides.
You should have with you the required filing fee and the name and
address of the person or people you are suing. You should also know the
exact amount you want to recover and be prepared to give a written
explanation of your case. You may then fill out the  Statement of Claim 
and file it online. You will also file the documentary evidence you wish to rely upon your case.

NOTE: You require an Advocates assisstance to prepare, fill out and file your claim.

Information Needed to File
To file a case, you must pay the filing fee and fill out a form (called
a Statement of Claim) showing your name and address, the name and address
of the person being sued, the amount of money or property you are
asking for, and why you are asking for it. You must provide
information to locate the people being sued so they can be legally
served an official summons (or notice to appear) in court. It is your
responsibility to furnish the address to the Defendant when you
file the case.

Who can be Sued in Small Claims Court?
You may sue any person, business or company operating in your county or court's jurisdiction that you believe owes you money or property. Yourself or that person, business or company must reside in the county where the case is filed. 

After The Claim is Filed
Once you have filed your claim, you will be notified of a Mention date.
Then, a summons, along with a copy of your Statement of Claim, will be served by the
Court's Process Server on the person being sued.

If the defendant in your case cannot be located, you should contat the
court for a continuance to give you more time to find a good address for
the defendant. It is your responsibility to contact the clerk before each
court date with a new address or whatever information you may have so
that the person or people can be found. If you settle the case in an out-of-court settlement before the hearing date, notify the court at once so the case can be dismissed.

Your Day In Court
The Small claims court proceedings are conducted 'informally' by the judge (adjudicator).
You should be prepared when you arrive for your hearing to clearly explain
your side of the case. Be respectful and courteous to everyone involved in
the case, even if other people are not courteous. Bring whatever
evidence, papers, documents, or other materials you believe you need to
prove or support your case.
Both sides will be given time to explain their positions, or question and cross examine witnesses.
The judge will make a decision after all the evidence is offered.

Counterclaims
If the defendant filed a counterclaim against a plaintiff to offset what the
plaintiff says is owed, the counterclaim may be heard at the same time.
Depending on the circumstances, the judge may either make a decision
immediately after hearing both sides or may continue the case on another
date.

Default Judgment
If either party was properly served and does not show up for the hearing,
the judge may declare the absent party in default and award judgment to
the other party as if the case was heard or determined. The law gives the Defendants sufficient time or a chance to file their papers because looking at the rules, a Defendant has a total of 28 days to file an appearance and defence.14 days to file appearance & 14 days to file a defence.

No Lawyer
In most instances, you can (and should)  hire a lawyer to represent you in the Small Claims
Court. You can choose not to be represented by a lawyer, but it is important to ask a lawyer for legal advice on the strengths and weaknesses of your claim. 

Legal Terms You Should Know

Plaintiff/Claimant—A person who initiates a legal action; the party who complains
or sues.
Defendant/Respondent—a person being sued.
Counterclaim—a legal claim presented by a defendant in opposition to
the claim of a plaintiff. Counterclaims avoid duplicate lawsuits over claims
by each party against the other. Everything is handled in a single lawsuit
using a claim and a counterclaim.
Summons—an order directing a Process Server or other officer to notify named
people that a legal action has been commenced against them and that
they are required to appear within a certain time to answer the complaint
Judgment—the official decision of a court determining the rights of the
parties involved.
Appeal—a legal proceeding by which a party seeks a higher court review
of the action taken by a lower court.
Subpoena—a court order to a witness ordering him/her to appear and
testify at a certain time and place.
Service of process—the presentation of a summons to the defendant in a
legal action.
Judgment Creditor—the party who wins a collection suit and to whom
money is owed.
Judgment Debtor—the party who loses a collection lawsuit and owes the
money.

[*This article generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to us on info@wjmaxwelll.co.ke or call/WhatsApp on 0733 610 961]