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Small ClaimsOtherNot stated in judgment· [2026] SCC 208 (KLR)

Cherunya v Max-Global Ltd & 2 others (Commercial Case E651 of 2026) [2026] SCC 208 (KLR)

Small Claims Court
14 August 2026
MAM.E Aligula
590 words in judgment
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The bottom line

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A claim in Kenya's Small Claims Court doesn't need a verifying affidavit or a date to survive; minor paperwork gaps get fixed, not thrown out.

What this practically means

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Executive summary

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In an interlocutory ruling of the Small Claims Court at Eldoret, the Adjudicator (M.E Aligula) considered the Respondent's objection that the Claimant's Statement of Claim was defective and incompetent because it was not accompanied by a verifying affidavit and bore no date. The court framed two issues: whether failure to file a verifying affidavit, and failure to date the Statement of Claim, rendered the claim incompetent. On the first issue, the court held that Rule 3(1) of the Small Claims Court Rules, 2019 requires commencement only by filing Form SCC-1 (Statement of Claim) with the prescribed fee, and section 24 of the Small Claims Court Act specifies the contents of a Statement of Claim without any requirement for a verifying affidavit. The court held that the Small Claims Court is a special statutory forum whose own procedural framework governs, and the ordinary Civil Procedure Rules, under which verifying affidavits are required, cannot be imported to impose an unprescribed requirement. On the second issue, the court held that an undated Statement of Claim which was properly filed and signed, with the filing date ascertainable from the court record, is a formal irregularity not a nullity; in the spirit of Article 159(2)(d) the court directed rectification rather than termination, no prejudice to the Respondent having been demonstrated. The Respondent's objection was overruled; the Claimant's application for leave to file a verifying affidavit was declined as unnecessary; the Claimant was directed to date the Statement of Claim, upload it on the CTS and serve the Respondent within two days, with mention on 5th October, 2025 for compliance and to take a hearing date. Parties were granted leave to appeal.

Key legal issues

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01

Whether a verifying affidavit is required to institute a claim in the Small Claims Court

Holding

No verifying affidavit is required; Rule 3(1) and section 24 of the Small Claims Court Act prescribe the requirements, and the Civil Procedure Rules cannot be imported.

Reasoning

Rule 3(1) of the Small Claims Court Rules, 2019 requires commencement by completing and filing Form SCC-1 with the prescribed fee. Section 24 of the Act specifies the contents of a Statement of Claim without requiring a verifying affidavit. Verifying affidavits are a feature of ordinary civil proceedings under the Civil Procedure Rules; the Small Claims Court is a special statutory forum whose own procedural framework governs, so the absence of a verifying affidavit does not render the claim defective or incompetent.

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02

Whether an undated Statement of Claim is incompetent

Holding

An undated but properly filed and signed Statement of Claim is a formal irregularity, not a nullity; the court may direct rectification rather than termination in the spirit of Article 159(2)(d).

Reasoning

The Rules do not expressly provide that failure to date a Statement of Claim automatically invalidates it. Where the document was properly filed and signed and the filing date is ascertainable from the court record, the omission is a formal irregularity. Consistent with Article 159(2)(d), the court may direct rectification rather than termination, and no prejudice to the Respondent was demonstrated.

p. 1

Legal principles established

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  • The Small Claims Court is a special statutory forum governed by its own Act and Rules; the ordinary Civil Procedure Rules cannot be imported to impose requirements not prescribed therein, so absence of a verifying affidavit does not invalidate a Statement of Claim
  • An undated Statement of Claim that was properly filed and signed is a formal irregularity that does not render the proceedings a nullity where the filing date is ascertainable from the court record and no prejudice is shown

Court orders

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  1. 1.The objection by the respondent's counsel is overruled
  2. 2.The application by the Claimant to file a verifying affidavit is declined as unnecessary
  3. 3.The claimant is directed to date the statement of claim, upload it on the CTS and serve the respondent within 2 days
  4. 4.Mention on 5th October, 2025 for compliance and to take a hearing date
  5. 5.Parties granted leave to appeal
Jurisdiction invoked
Small Claims Court Act and the Small Claims Court Rules, 2019

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Cherunya v Max-Global Ltd & 2 others (Commercial Case E651 of 2026) [2026] SCC 208 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/208/eng@2026-08-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.