Your driver owes you money: the Small Claims Court and a demand letter (Kenya, 2026)

Most arrears never need a court. A clear conversation and a written plan usually settle them — see what to do when a driver stops paying. But when a driver has left owing you weeks of daily amounts, or kept money he collected for repairs, Kenya has a court built for exactly this.

This is a practical guide, not legal advice. For large or complicated claims, speak to an advocate.

The Small Claims Court in brief

• It hears civil claims up to KSh 1 million — including money owed under a contract, which is what unpaid daily amounts are (section 12 of the Small Claims Court Act, 2016).
• You do not need a lawyer. You can represent yourself.
• Filing fees are small — from KSh 200 to KSh 1,000, depending on the size of the claim.
• The court must hear and decide a case within 60 days of filing.
• Claims are filed through the Judiciary's e-filing system, at the court station that serves your area.

Step 1: send a demand letter

Before you file, put the claim to the driver in writing and give him a fair deadline to pay — 14 days is common. It often settles the matter on its own, and it shows the court you tried to resolve it first.

[Your name]
[Your phone] · [Your address]
[Date]

To: [Driver's full name], ID [number], phone [number]

DEMAND FOR PAYMENT — VEHICLE [REGISTRATION]

Under our car hire agreement dated [date], you agreed to pay
KSh [amount] for each working day you had vehicle [registration].

Between [date] and [date] you did not pay for [number] days.
After the payments you made, KSh [balance] remains unpaid.
A statement of the days owed and the payments received is attached.

I require you to pay KSh [balance] to M-Pesa till/number [number]
within 14 days of this letter, by [date].

If the amount is not paid by then, I will file a claim in the
Small Claims Court without further notice, and ask for the costs
of the claim.

[Signature]
[Your name]

Send it so you can prove it was sent — by hand with a signed copy, by email, or on WhatsApp — and keep a copy.

Step 2: gather the evidence

What wins a small claim is paper, not a story:

• The agreement — the daily amount, the working days, and what happens when he falls behind. An agreement made by word of mouth can still be a contract, but a signed one is far easier to prove. Free template.
• A day-by-day statement: which days were owed, what was paid and when, and the balance.
• M-Pesa statements showing his payments into your till.
• Messages where he acknowledges the debt or promises to pay.
• Receipts for any repair costs you are claiming.

Step 3: file the claim

1. Create an account on the Judiciary's e-filing system.
2. Complete the statement of claim: your details, his details, what happened, and the exact amount you are claiming.
3. Attach your evidence and the demand letter.
4. Pay the filing fee.
5. Serve the claim on the driver as the court directs, and attend the hearing with your documents.

After judgment

If the court rules in your favour and he still does not pay, the judgment can be enforced through the court's execution process. Keep every payment record until the debt is cleared.

Easier still: never get here

The cases that reach court are almost always arrears that grew unnoticed for weeks. Gariboss keeps the day-by-day record a court would ask for — every day owed, every M-Pesa payment matched to it, every balance — and flags a short day the same evening, while it is still a conversation.