What happens if you ignore court summons in a civil case
Civil Procedure Rules, 2010 · sources read 5 Oct 2026
If you are served with summons in a civil case, enter appearance within the time the summons gives (at least 10 days), then file your defence within 14 days. If you don't, the court can enter judgment against you or hear the case without you, though you can apply to have a default judgment set aside.
- Deadline
- Appearance: within the time in the summons, which can't be less than 10 days
- Deadline
- Defence: within 14 days after entering appearance
- Where
- The court named in the summons, or online on the Judiciary e-filing platform (efiling.court.go.ke)
Steps
- Read the summons and the plaint that comes with it. The summons tells you which court and how many days you have to appear.
- File your appearance in that court within the time stated in the summons.
- File your defence within 14 days after entering appearance, and serve it on the person suing you within 14 days of filing it.
- You can file without a lawyer: register an individual account on the Judiciary e-filing platform as a self-represented party.
- If judgment has already been entered against you because you didn't respond, apply to the same court to set it aside or vary it.
Watch out
- If the claim is for a fixed sum of money and you don't appear, the court can enter judgment for that sum plus interest and costs on the plaintiff's request, without a hearing.
- Entering appearance is not enough: the same default rules apply if you appear but never file a defence.
- For other claims, the plaintiff can set the case down for hearing and it can go ahead without you.
- If the claim is for damages (not a fixed sum) and you don't enter appearance, the court can enter interlocutory judgment against you on request, and then only the amount of damages is assessed.
Who this covers
- Anyone sued in a civil case who has been served with summons from the court.
Official sources (2)
- Civil Procedure Rules, 2010 (L.N. 151 of 2010) new.kenyalaw.org · read 5 Oct 2026
- Frequently Asked Questions (FAQs) for E-filing System judiciary.go.ke · read 3 Oct 2026