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Understanding Civil Court Fees in Kenya

By Updated 2 min read
Understanding Court Fees in Civil Cases

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In this article
  1. What affects the amount?
  2. Obtain and pay the assessed fee
  3. Exemptions and inability to pay
  4. Sources and useful links

Civil court fees depend on the court, document, claim and relief sought. They are separate from an advocate’s fees and other litigation expenses.

The old article’s calculation based on the 1995 guide should not be used as a current quotation. The Judiciary publishes a later Court Fees Assessment Schedule and provides automated assessment through e-filing.

Understanding Court Fees in Civil Cases

What affects the amount?

A money claim, a claim for an unquantified remedy, an appeal and a later application may attract different charges. Additional fees can arise as proceedings continue. Do not treat one example as the total cost of a case or apply the same percentage to every court.

Obtain and pay the assessed fee

  1. Identify the correct court and filing type. Prepare the documents and state the claim or relief accurately.
  2. Start through the Judiciary’s e-filing portal or seek assistance from the responsible registry.
  3. Complete the filing details and obtain the assessment and invoice for that transaction.
  4. Check the assessed items before paying. Ask the registry to explain an unexpected amount or correct an error.
  5. Follow the official invoice’s payment instructions and keep the receipt and filing reference.
  6. Check the filing status and any further payment requirement before assuming the document has been accepted or the process completed.

Exemptions and inability to pay

Some proceedings have specific fee protections. For example, Article 22(3)(c) addresses fees for proceedings to enforce the Bill of Rights, and Order 33 of the Civil Procedure Rules provides a process for suits by persons unable to pay the prescribed fee, subject to its requirements.

An exemption or permission to proceed without the ordinary fee must be established through the applicable law and procedure. It is not enough simply to omit payment.

Tip: Query disputed assessments promptly with the registry. Obtain the current procedure and deadline for any formal challenge; do not rely on the old article’s unverified seven-day rule or automatic-refund claim.

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