Can you be arrested for owing someone money?
Small Claims Court Act; Penal Code · sources read 5 Oct 2026
No, not just for owing money. An unpaid debt is a civil claim, so the person you owe can sue you, for example in the Small Claims Court for up to KSh 1 million. It's a crime only where there's fraud, like getting money by a lie (false pretences) or knowingly writing a bad cheque. After a court judgment, a court can order civil jail (up to 6 months) if it finds you can pay and refuse.
- Deadline
- Responding to a Small Claims case: within 15 days of being served
- Deadline
- If you don't respond in time, the court can give judgment against you
- Where
- Small Claims Court: online on Judiciary e-filing (efiling.court.go.ke) or at the court registry
Steps
- To get the money back, the person you owe files a civil claim. Claims up to KSh 1 million go to the Small Claims Court.
- If you are served with a claim, within 15 days you can pay it directly or admit all or part of it.
- If you dispute it, file your response on Form SCC 2: deny the claim, or claim a set-off or counter-claim.
- Both sides can file online on the Judiciary e-filing platform (efiling.court.go.ke).
Watch out
- Getting money or goods by a lie, with intent to defraud, is a crime (obtaining by false pretences): up to 3 years in jail.
- Writing a cheque you know will bounce (no funds, closed account, or you stopped it) is a crime: a fine of up to KSh 50,000, up to 1 year in jail, or both.
- The 'no funds' part of the bad cheque offence does not apply to a post-dated cheque.
- Owing money is not a crime, but a court can still order civil jail to enforce a money judgment if, after hearing you, it finds you have the means and refuse to pay, are hiding property or are likely to run off.
- Civil jail for a money judgment over KSh 100 lasts at most 6 months, and you are released early once the amount is paid.
- If you are arrested over a money judgment, paying the judgment amount and the costs of the arrest to the arresting officer gets you released at once.
Who this covers
- Anyone owing money under a contract, for goods, services or money received. These claims go to the civil courts.
Official sources (5)
- Small Claims Court Act, No. 2 of 2016 new.kenyalaw.org · read 5 Oct 2026
- Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
- Small Claims Court FAQs (English brochure) judiciary.go.ke · read 2 Oct 2026
- Judiciary e-Filing FAQs judiciary.go.ke · read 2 Oct 2026
- Civil Procedure Act (Cap. 21) new.kenyalaw.org · read 5 Oct 2026