Formal demand for payment + Small Claims Court guide (Kenya)
Someone owes you money and will not pay. Step one is a formal demand letter — it often gets you paid without court, and if it does not, it is the first exhibit in your Small Claims Court file. Fill in the details; the letter writes itself below. Your draft is saved in this browser only.
Your details
Who owes you
The debt
Balance owingKES 0
Evidence you hold (tick what you have — it goes into the letter)
If they still do not pay: going to Small Claims Court
1 What the Small Claims Court is
A simplified court created by the Small Claims Courts Act 2016 for ordinary money disputes. Its monetary jurisdiction is up to KES 1,000,000. Procedure is deliberately informal and fast — it was built so people can pursue debts without the cost of a full civil suit. If you are owed more than KES 1,000,000, you can either sue in the regular courts or abandon the excess and claim the maximum here.
2 What you can claim
Claims founded on: a contract for sale or supply of goods; a contract for services (work done, professional fees); money lent or debts owed (liquidated demands); and damage to movable property (e.g. your goods or vehicle damaged). The claim — excluding interest and costs — must fit within KES 1,000,000. Land disputes, employment claims and defamation belong in other courts.
3 Where and how to file
File a Statement of Claim (a standard form) at the registry of the nearest Small Claims Court — they sit within Magistrates' Court stations in major towns — or file online through the Judiciary e-filing portal. Attach your evidence: this demand letter and proof it was delivered, the agreement, invoices, delivery notes, M-Pesa or bank statements, and messages. Filing fees are modest and scale with the claim — confirm the current fees at the registry before you file.
4 How fast it moves
The Act targets determination of each claim within 60 days of filing. Hearings are informal: the adjudicator hears both sides, looks at the documents and can question witnesses directly. Come organised — a simple chronology of dates, amounts and payments, with each document labelled, does most of the work.
5 Do you need a lawyer?
No. You may appear in person and argue your own claim — no advocate is required, and the procedure is designed for exactly that. You may still choose to be represented if you prefer. Either way, the person who knows the facts (you) should be at the hearing.
6 After judgment
If you win, the court issues a judgment and a decree — a court order that the debtor pays. Many debtors pay at that point. If not, you apply to enforce (execute) the decree through the court: options include attachment and sale of the debtor's movable property. Enforcement is a separate step with its own small costs, so factor it in when deciding whether to sue.
Sources
Small Claims Courts Act, 2016 (Kenya) — establishment, KES 1,000,000 monetary jurisdiction, permitted claim types, 60-day target, right to appear in person. Full text on kenyalaw.org.
Judiciary of Kenya — Small Claims Court registries and the e-filing portal. Filing fees change; confirm the current schedule at the registry.
This is information, not legal advice.
A demand letter is a formal first step you can safely take yourself, but every dispute has its own wrinkles — limitation periods, counterclaims, part-payment arguments. If real money is at stake, have a human review it before you send or sue.
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