Can I appeal a Small Claims Court decision?
Small Claims Court Act, 2016; The Judiciary · sources read 5 Oct 2026
Yes, but only to the High Court and only on a point of law, not just because you disagree with the facts. The High Court's decision on that appeal is final, so you cannot go on to the Court of Appeal or the Supreme Court.
- Deadline
- A review at the Small Claims Court must be asked for within 30 days of the order, or a longer time the court allows.
- Where
- Review: the Small Claims Court that made the order. Appeal: the High Court. Court stations are listed on judiciary.go.ke.
Steps
- You can first ask the Small Claims Court itself to review the order if it was made without notice to you, was outside the court's powers, was obtained by fraud, has an obvious error of law on the record, or new facts have come to light.
- To challenge the decision on a point of law, file an appeal at the High Court.
- Prepare for the High Court to be the last stop: the Supreme Court has said it cannot hear further appeals in Small Claims Court cases.
Watch out
- An appeal is only on matters of law. The High Court does not rehear the facts just because you think the adjudicator got them wrong.
- The High Court's decision on the appeal is final.
- Asking for a review does not stop the other side from enforcing the order. Ask the adjudicator for a stay of execution if you need one.
Who this covers
- Anyone who is aggrieved by a decision or order of the Small Claims Court.
Official sources (2)
- Small Claims Court Act, No. 2 of 2016 new.kenyalaw.org · read 5 Oct 2026
- Linet Akinyi v Jerusha Auma Ogwari & another, Petition (Application) No. E025 of 2025, Ruling of 23 January 2026 supremecourt.judiciary.go.ke · read 3 Oct 2026