Which court to use, what a plaint contains, how service and default judgment work, and what happens between filing and judgment in a Kenyan civil case.
By Wakili Link Editorial
Suing someone — filing a civil suit — is how you ask a court to order another person or company to pay money, return property or stop doing something. Most cases follow the same path.
A demand letter from you or your advocate sets out the claim and gives a deadline to pay or respond. Many claims settle here. It also shows the court you tried to resolve the matter, which matters when costs are decided.
The Limitation of Actions Act sets deadlines: generally six years for contract claims and three years for most personal-injury and other tort claims. Claims against the government have shorter notice requirements. A claim filed late can be thrown out however strong it is.
The plaint states who the parties are, the facts and what you are asking for. It is filed with a verifying affidavit, witness statements and copies of the documents you will rely on, and court fees are paid. Filing is done through the Judiciary's e-filing system.
The defendant must be formally served. They then have a fixed time — typically 15 days — to enter appearance and file a defence. If they do neither, you can ask for default judgment.
The court checks both sides are ready for trial. Many civil cases are referred to court-annexed mediation, which is free and often resolves the dispute in weeks.
Witnesses give evidence and are cross-examined, then the court delivers judgment. The losing party usually pays the winner's costs.
A judgment that is not paid can be enforced through attachment of property, garnishee orders against bank accounts and other execution steps.
This article is general information, not legal advice on your situation.
This article is general information, not legal advice on your situation. If you need advice, describe your matter on Wakili Link and we will match you with a verified advocate who handles it.
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