The Kenyan judiciary has implemented a structured fee payment system for filing various claims, counterclaims, and legal procedures within the small claims court.
Introduced in April 2021, the small claims court aims to resolve civil and commercial disputes between parties in a timely manner in a bid to reduce the backlog on the Magistrates’ court. It operates with fewer rules and formalities.
The small claims court handles cases involving amounts not exceeding Sh. 1,000,000, while cases surpassing this threshold are directed to the Magistrates court for resolution.
Under Section 12 of the Small Claims Court Act of 2016, the types of cases to be determined by the small claims court include:
- Sale and supply contracts for good or services
- Contracts involving money held or received.
- Tort liability for property loss/damage or for the delivery/recovery of movable property
- Compensation claims for personal injuries
- Set-off and counterclaims arising from any contract
The expedited processing in the small claims court offers ordinary Kenyans easier access to justice, bypassing tedious court procedures. However, this convenience is not without its costs.
Below are the applicable fees for handling small cases before this court:
The Small Claims Court: Easy, Legal Way to Handle Friends Refusing to Pay your Debt
1. Filing a claim in Small Claims Court
| a) | Claims less than Sh. 200,000 | Pay Sh. 200 |
| b) | Claims more than Sh. 200,000 but less than Sh. 500,000 | Pay Sh. 400 |
| c) | Claims more than Sh. 500,000 but less than Sh. 800,000 | Pay Sh. 600 |
| d) | Claims more than Sh. 800,000 but less than Sh. 1,000,000 | Pay Sh. 1,000 |
2. Filing a counterclaim in Small Claims Court
| a) | Claims less than Sh. 200,000 | Pay Sh. 200 |
| b) | Claims more than Sh. 200,000 but less than Sh. 500,000 | Pay Sh. 400 |
| c) | Claims more than Sh. 500,000 but less than Sh. 800,000 | Pay Sh. 600 |
| d) | Claims more than Sh. 800,000 but less than Sh. 1,000,000 | Pay Sh. 1,000 |
3. Filling all other responses – Pay Sh. 200
4. Third Party notice – Sh. 400
5. Service Fee
| a) | Within 2 kilometres | Pay Sh. 100 |
| b) | Over 2 kilometres and up to 10 kilometres | Pay Sh. 300 |
| c) | Over 10 kilometres | Pay Sh. 500 |
6. Fees for each exhibit produced – Pay Sh. 10
7. Fees payable to a witness per day – Pay Sh. 200
8. Fees recoverable on execution of a decree or order of the court – Not exceeding 10% of the aggregate value of the subject matter.