07/06/2026
Courts do not plan picnics!
I have come across cases where court papers are served and ignored only for reality to sink in years later. Do not, under any circumstances, ignore court documents.
When you receive a Summons, a Plaint, or an Order, the Judiciary is not sliding into your DMs to invite you for tea and samosas (I hear T-Tot in Machakos has very nice ones). The Judiciary is not asking if you're free next Thursday for a vibe. Court documents are not "invitations" you can RSVP 'No' to. They are legal commands. If you choose to ignore them – you do so at your peril and set yourself up for a massive legal ambush.
Kenyan law allows for Default Judgment. If you are served with a lawsuit and you refuse to respond or show up, the court doesn’t pause the world for you. The court only needs to be satisfied that you were served with the relevant papers. If you choose not to participate - the case goes on, the court will hear only the side of the person suing you. Before you know it, a Decree is issued against you.
One morning, you’ll wake up to a flatbed truck towing your car or auctioneers carting away your sofa sets because you were busy "ignoring the noise." In worst-case scenarios, it can even land you in civil jail - straight to lodging at state expense.
Hiding or refusing to sign for the document doesn't save you either. The law considers it proper service if the documents are delivered to you, they can even stick it on your gate!, published in a newspaper, or even send via WhatsApp or E-mail. Once it's out there, you are officially deemed served.
What to do when the papers land in your hands
1. Note the date and time immediately: The clock starts ticking right away. In civil cases, you usually have just 15 days to enter an appearance.
2. Face it head-on: Do not play dead. You cannot resolve a legal problem by pretending it doesn't exist.
3. Get professional help: Take those documents straight to an Advocate of the High Court of Kenya. If you cannot afford one
