A client receives your work but refuses to pay. A customer takes goods on credit and stops answering calls. Someone borrows money, promises to repay it and repeatedly misses the agreed date.

For many Kenyans, pursuing such debts can seem more expensive than abandoning them. The Small Claims Court provides a simpler route for qualifying civil claims worth up to Sh1 million.

You can represent yourself. However, recovering money requires more than filling in a form: you need evidence, must notify the other party properly and may have to enforce the judgment.

Which disputes qualify?

The court handles claims involving the sale or supply of goods and services, money held or received, damage to property, recovery of movable property and compensation for personal injuries. It also hears qualifying counterclaims.

An unpaid invoice, a disputed loan or payment for goods that were never delivered may therefore qualify, depending on the facts.

It does not handle disputes over land ownership or possession, employment and labour relations, defamation or malicious prosecution. The amount alone does not determine whether a case belongs there.

You cannot split one larger claim into several smaller cases simply to fit the Sh1 million limit.

What evidence should you prepare?

Start with a clear account of what happened: who owes you, why, how much, when payment became due and what has already been paid.

Useful records may include:

• Agreements, quotations and invoices.
• Receipts, bank statements and M-Pesa transaction records.
• Delivery notes or proof that work was completed.
• Messages acknowledging the debt or agreeing repayment terms.
• A demand letter and any response.

A transfer record can show that money changed hands, but supporting messages or an agreement may help establish whether it was a loan, payment or gift.

Keep original records and preserve the context of electronic conversations. A written demand stating the amount and requesting payment can also help clarify the dispute before filing.

How do you file a claim?

Complete the Statement of Claim, Form SCC-1, identifying the parties, explaining the dispute and stating the remedy sought. Attach the supporting evidence.

Confirm the appropriate court station with its registry: the location of the parties, transaction or dispute can matter. The Judiciary publishes court contacts and provides an e-filing system.

Follow the registry’s filing instructions, pay the assessed fee and retain your case number and receipt.

Next, arrange proper service of the claim and court documents on the respondent, then file proof of service. Filing a case does not, by itself, establish that the other party has been notified.

Attend the scheduled proceedings with your documents and any relevant witnesses. The respondent can admit or dispute the claim and may bring a counterclaim.

What does it cost, and do you need a lawyer?

Judicial officers have described basic filing fees as ranging from Sh200 to Sh1,000, depending on the claim. Confirm the current assessment with the registry or filing system before paying.

That is not necessarily the total cost. Service, document preparation, legal assistance and enforcement can add expenses.

A lawyer is not compulsory. Self-representation is possible, although professional help may be useful where the facts or procedure are complicated.

Will you receive your money within 60 days?

The law sets a 60-day timeline for determining cases. This concerns the court’s decision; it does not guarantee payment within that period.

If the respondent fails to pay as ordered, obtain the decree and ask the registry about applying for enforcement. Depending on the circumstances, court-authorised enforcement can include attachment of assets or salary.

A favourable judgment establishes your entitlement, but collection can still be difficult if the debtor has no identifiable assets or income.

An appeal to the High Court is available on matters of law. It is not a fresh opportunity to argue every factual disagreement.