The filing of a case requires the payment of filing fees – which is an amount of money paid for processing the papers filed in court. It takes an average lawyer from the day of submission of the documents at the most 10 days for filing an original suit.
The monetary value of a case is what determines at which level the case will be heard. Whether magistrates court or the high court.
Filing fees are fixed by law. The court registrar will assess the fees to be paid based on the distance to reach the person on whom the document is being serviced. Additional fees are paid every time an additional document is filed or served. These fees are always minimal though.
What is the cost of filing a case in Kenya
The daily fee is 2500 Kenya shillings for filling and hearing a case. One can file a case as an indigent of which it becomes difficult because one is asked to produce evidence. Most of the time, the local chiefs who are supposed to back you up, fail to attend court hearings, or simply refuse. Further, one is asked for proof of income which usually they don’t have because most of them, work in informal sectors.
Filing and hearing a case in Kenya is expensive for the less privileged folks since the government doesn’t have a reliable legal aid scheme. Local groups and NGOs have come up with ways to bridge the gap but there will always be a gap.