PROCESS OF FILING A CIVIL SUIT IN KENYA

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Now onto today’s topic;

Filing a civil suit in Kenya can seem complicated, but the process becomes much easier once you understand the key steps. Whether you’re enforcing a contract, seeking compensation, or protecting your rights, knowing how the Civil Procedure Act and Rules work is essential. This guide breaks down the process into simple, clear steps so you know exactly what to do before taking your case to court.

STEP 1: PRE-FILING 

Before you even step foot in the court registry, you need to prepare:

1. Get Advice: If your case is complicated, you need a legal expert (an Advocate) to look at your evidence and tell you how strong your claim is and if you are likely to win. It’s strongly advised not to do it alone, especially in complex cases.

2. Send a Warning Letter: You (or your lawyer) must write a Demand Letter to the person you plan to sue (called the prospective Defendant). This letter warns them that you are about to sue them. It gives them a notice period (like 10 to 14 days) to try and fix the problem and settle the claim without going to court.

3. Find the Right Court: You must figure out which court has the right jurisdiction (authority) to hear your case. This depends on:

  • The Type of Issue: For example, land issues go to the Environment and Land Court.
  • The Money Involved: General civil claims worth twenty million shillings or below are filed at the Chief Magistrates Court, while claims worth more than twenty million shillings are filed at the High Court. Filing in the wrong court can cause your case to be dismissed.
4. Check the Deadline: There are specific time limits set by law (limitation) for when you can file a suit. For example, a case about breaching a contract must be filed within six (6) years of the breach, and a defamation case must be filed within twelve (12) months.

STEP 2: DRAFTING THE OFFICIAL PAPERS 

If the person you warned doesn't solve the problem, you move on to writing the official documents. The person suing is called the Plaintiff. The person being sued is the Defendant. The main document you file is called the Plaint.

The Plaint is the formal document where you list out your complaint against the Defendant and state what you wish the court to do for you. When drafting the Plaint, you must include:

  • The Court Details: The name and jurisdiction of the court (e.g., The Republic of Kenya, High Court of Nuki).
  • The Parties: Listing the Plaintiff and the Defendant. You must describe each party (e.g., if they are an adult, where they live, and who their lawyer is). If the Plaintiff is a child, a guardian or parent must represent them.
  • The Story (Cause of Action): You write down the chronological events, what happened that made you decide to sue. You must also state the exact place where the incident happened.
  • The Proof Check: You must state whether there are any other pending or previous proceedings regarding the same subject matter between you and the Defendant.
  • The Prayers (What You Want): This is the section called Reasons Wherefor. You state exactly what you are asking the court to award you, such as:
    • General damages (money for pain or loss).
    • Special damages (money for things you can prove with receipts, like medical bills).
    • Interest and the cost of the suit.

The Plaint must be accompanied by several other important documents:

  • Verifying Affidavit: This is signed by the Plaintiff. By signing this, you are verifying or asserting that everything written in the Plaint is true to the best of your knowledge. You must read the Plaint carefully to ensure it is true before signing the affidavit.
  • List of Witnesses: A list that names all the people (including yourself, if you are testifying) who will talk in court to support your case.
  • Witness Statement: Separate statements where each witness gives their account of what happened.
  • List of Documents: This outlines all the evidence you have (like receipts, contracts, or police abstracts) that supports your claim.
STEP 3: FILING AND NOTIFICATION 

1. Filing and Paying Fees: You take the compiled documents and file them at the court registry. In some places, like Nairobi, you can file electronically (e-filing). You pay filing fees based on the value of your claim.

2. Getting Summons: Once filed, the court issues Summons. These are official documents that tell the Defendant they are being sued.

STEP 4: THE DEFENDANT RESPONDS 

1. Service: You must ensure the Defendant receives copies of the Plaint and the Summons. This is usually done by a qualified Process Server.

2. Defendant’s Entry: The Defendant must enter appearance, meaning they officially notify the court that they intend to defend themselves.

3. Filing Defence: The Defendant then has fourteen (14) days from when they entered appearance to file their Defence (their side of the story). They might also file a Counterclaim, which is a separate suit against you.

4. Reply: If a Counterclaim is filed, you have fifteen (15) days to respond to it.

STEP 5: PREPARING FOR TRIAL 

Once all these written documents (pleadings) are exchanged, the court starts planning the trial:

1. Case Conferences: The court holds meetings (Case Conferences and Trial Conferences) to identify what issues the parties actually disagree on and to try and help the parties settle the dispute.

2. The Hearing: The court sets a date for the trial. Kenya uses an adversarial system, meaning the judge is a neutral referee, and both you and the Defendant argue your case. You, as the Plaintiff, present your case first, followed by the Defendant. You call witnesses, who can be cross-examined (questioned by the other side’s lawyer).

3. Submissions: After the evidence is presented, both sides file written documents called submissions, explaining how the law applies to the facts of the case.

STEP 6: THE JUDGEMENT 

1. The Decision: The court will give a judgment, typically within sixty (60) days after the trial is finished. The person who loses often has to pay the costs of the suit.

2. The Final Order (Decree): After judgment, the court issues a formal decree (order) that reflects the decision. This is a judicial order that must be obeyed. If the Defendant loses a debt recovery case and still refuses to pay, this decree is used to enforce payment, possibly by attaching their assets. 

 

In conclusion,  filing a civil suit in Kenya doesn’t have to be confusing. Once you understand the required documents, the court process, and the steps involved, you can approach your case with confidence. Whether you work with an advocate or choose to handle it yourself, following the proper procedure increases your chances of a smooth and successful outcome.

 

Catch you in the next blog!

 

Disclaimer- The information provided is for general informational purposes only and should not be considered as professional advice. Please consult a qualified professional for specific guidance. 


REFERENCES 

YouTube. (2025, May 1). Civil Procedure: How to draft a plaint and other documents accompanying a plaint [Video]. YouTube.

Koya & Company Advocates. (2025, January 27). FAQs on How to File a Civil Suit in Kenya. Koya & Company Advocates.

Procedure and timelines for civil litigation in Kenya. (n.d.). Procedure and Timelines for Civil Litigation in Kenya  

 

 

 

 

 

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