Filing a Claim for any amount below KSh 1,000,000 in Kenya

1. Jurisdiction

A claim of e.g. KSh 100,000 falls within the Small Claims Court’s jurisdiction.

Court	Monetary Jurisdiction
Small Claims Court	Up to KSh 1,000,000

➡️ Therefore, your case should be filed in the Small Claims Court located within the area where:

• The defendant resides or carries on business, or
• The loan transaction occurred (see Section 15 of the Civil Procedure Act).

2. Required Documents

To file your claim, you’ll need:

• Statement of Claim (instead of a plaint, used in the Small Claims Court).
• Verifying affidavit (confirming the truth of your claim).
• List of documents and witnesses.
• Demand letter (and proof of delivery).
• Loan agreement or evidence of the loan (e.g., M-Pesa statements, bank records, or acknowledgment of debt).

Filing is done online via the Judiciary e-filing system: https://efiling.court.go.ke

3. Process Overview

1. Send a demand letter to the borrower requesting repayment within 7–14 days.
2. File the claim in the Small Claims Court through the e-filing portal.
3. Serve the claim on the defendant after court acceptance.
4. Defendant’s response: they must appear or file a response within 15 days.
5. Hearing: Small Claims Court hearings are usually fast-tracked (concluded within 60 days).
6. Judgment: If the court finds in your favor, it will order the defendant to pay KSh 100,000, plus interest and costs.

4. Enforcement

If the defendant still does not pay after judgment, you may enforce it through:

• Warrants of attachment and sale (auctioning property), or
• Garnishee orders (to recover money from their bank or employer).

 

5. Costs and Interest

The court may also award:

• Interest on KSh 100,000 (as per the agreement or court rate of ~12% p.a.), and
• Costs of the suit (usually modest in Small Claims matters).

 Disclaimer: This article is for informational purposes only and does not constitute legal advice.