Must you pay court fees, and what if you can't afford them?
Constitution of Kenya and the Judiciary · sources read 4 Oct 2026
Courts may charge fees, but the Constitution says any fee must be reasonable and must not block your access to justice. No fee at all may be charged to start a case claiming your Bill of Rights rights were violated.
- Where
- The court registry or the Judiciary e-filing portal; the High Court for a rights petition
Steps
- When you file a case online, the e-filing system works out the court fee for you automatically.
- Pay by M-Pesa, KCB Teller, KCB Mtaani or RTGS.
- If your case is about a violation of your constitutional rights, file a petition: no fee may be charged to start it.
- Can't afford the filing fee for a civil case? Apply for permission to sue as a pauper. The application must contain the same particulars as a pleading and a statement that you cannot pay the fee, signed like a pleading.
- Present the application to the court yourself. Only someone exempted from appearing in court can send an authorised agent who can answer all the questions about it.
Watch out
- In a rights petition the court can accept informal documents if needed.
- If the system under-assessed your fee, the court may review it upward.
Who this covers
- All persons: the State must ensure access to justice for everyone.
- An accused person who cannot understand the court's language gets an interpreter at no charge.
- In civil cases: anyone who does not have enough means to pay the court fee for filing the suit can apply to sue as a pauper.
Official sources (3)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Judiciary e-filing FAQs judiciary.go.ke · read 3 Oct 2026
- Civil Procedure Rules, 2010 (L.N. 151 of 2010) new.kenyalaw.org · read 4 Oct 2026