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What is the Process of filing a Claim in the Small Claims Court in Kenya?
What is the process of filing a claim in the Small Claims Court?
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Bauni Kithinji Advocates
said:
Before filing a claim in the Small Claims Court, it is important to first check if the court has the authority to hear and decide the case. Sections 12 and 13 of the Small Claims Act outline the types of cases the court can handle and the actions it can take.
Once it is confirmed that the court has jurisdiction, the next step is to prepare the claim. This is done by filing a Statement of Claim using a form provided in the first schedule of the
Small Claims Court Rules
.
If the Claimant is unable to access or complete the form themselves, they can present their claim verbally to a court officer. The officer will then write down the claim in the required form, which the Claimant will sign or authenticate. The Claimant can also include any supporting evidence with the Statement of Claim.
The Statement of Claim must be submitted through the Judiciary e-filing portal. If the Claimant is representing themselves, they will need to create an account. After paying the court fees, a Mention Notice will be generated under the "case activities" section of the portal.
The Claimant must then serve the Respondent with the Mention Notice, the Statement of Claim, and any supporting documents. After this, the Claimant must file a Certificate of Service to show that the Respondent was properly served.
The Respondent has 15 days from the date of service to file a Response to the claim. If the Respondent fails to do so within the specified time, the court can enter a Default Judgment against them. This can happen either on the court’s own initiative or if the Claimant requests it.
Once a Default Judgment is made, the Claimant can use the e-filing portal to request the Judgment/Decree and later apply for warrants of attachment to enforce the judgment against the Respondent.
As for the hearings, the court aims to hear and determine cases on the same day, or on a daily basis, until the case is fully resolved. The final determination of the case should be made within 60 days from the date the claim is filed.
Finally, parties involved in the case must appear in person at the hearing, or if they cannot, they can be represented by someone they have authorized to act on their behalf.
Where the representative is not a legal practitioner, satisfy itself that the person has sufficient knowledge of the case and sufficient authority to bind the party being represented.
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