How to File a Civil Case in Kenya’s High Court
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A civil case in Kenya’s High Court is filed through the Judiciary’s e-filing system, with the appropriate pleadings, supporting documents and assessed court fees. You may instruct an advocate or, where permitted, act in person.
Before preparing a High Court case, establish that it belongs in that court. The type of dispute, amount claimed, location, applicable law and filing deadline all matter.
Check the correct court first
The High Court has broad civil jurisdiction, but not every civil dispute should start there. Some claims belong in the Magistrates’ Courts or a specialist court or tribunal. The Small Claims Court handles specified civil claims up to KSh 1 million; this does not mean it can hear every dispute below that amount.
Employment and labour disputes fall within the specialist employment jurisdiction. Land and environment disputes also have their own specialist court framework. Get advice on the correct forum rather than selecting High Court simply because your claim is civil.
Documents to prepare
For an ordinary suit begun by plaint, the Civil Procedure Rules generally require:
- A signed plaint setting out the parties, relevant facts, cause of action, jurisdiction and relief sought.
- A verifying affidavit.
- A list of witnesses.
- Signed witness statements, except expert witnesses’ statements under the general rule.
- Copies of documents to be relied on, including any demand letter before action.
- The parties’ and advocates’ required contact and service details.
- Summons to enter appearance for issuance by the court.
Representative claims, company claims and special proceedings can require additional authority or documents. Not every case begins with a plaint: a petition, originating summons, appeal or other application may follow different rules.
How to e-file the case
- Open the Judiciary e-filing portal through the official Judiciary website.
- Register the appropriate account and complete activation. The Judiciary allows individual accounts for self-represented litigants as well as accounts for advocates, law firms and organisations.
- Prepare readable PDF copies of the signed and, where necessary, sworn documents. Follow the current portal instructions for size limits and document categories.
- Start a new case, select the correct court station and case type, and enter the parties’ details accurately.
- Upload the pleadings and supporting documents in the relevant categories.
- Review the assessed fees and pay using the instructions generated by the system. Do not rely on an old payment code or a supposed flat filing fee.
- Check that filing and payment have been accepted. Save the case number, receipt and accepted documents, and address any registry query.
- Obtain issued summons and arrange proper service of the summons and pleadings under Order 5 and any court directions. Filing a case does not, by itself, complete service on the defendant.
- Retain proof of service and monitor the portal and official communications for directions, responses and dates.
Fees and next steps
Fees depend on the documents, claim and applicable assessment. The Judiciary says the system assesses fees and the court can review an under-assessment. Registry acceptance is not a ruling that the claim is legally valid or will succeed.
After service, the case may proceed through responses, case-management directions and hearing or other disposal as ordered by the court.
Warning: Filing and service deadlines can affect your rights. This is a general guide to an ordinary civil suit, not advice for an urgent injunction, appeal or specialised proceeding. Get legal advice about the applicable deadline and required procedure.
