Before filing a lawsuit in the small claims court, it is often recommended to try to resolve the dispute at hand out of court first before taking legal actions. The courts encourage out-of-court settlement mechanisms commonly referred to as Alternative Dispute Resolution (ADR) in attempts to resolve disputes amicably among parties. Article 159(2) of the Constitution of Kenya 2010 affirms the use of ADR mechanisms, and the process is regulated by The Alternative Dispute Resolution Bill, 2019, and the Civil Procedure Act. A demand letter, drafted by a lawyer, is required to be sent by the claimant to the other…
