https://new.kenyalaw.org/akn/ke/judgment/scc/2026/115
The Claimant produced sufficient documentary evidence to establish that Kshs. 760,000 was advanced to the Respondent under a loan agreement and remained outstanding. Proper service was proved, the Respondent did not appear or respond, and judgment was therefore entered for the Claimant for the principal sum,...
Source-derived case information.
- Citation
- [2026] SCC 115 (KLR)
- Parties
- Claimant: Eliazer Kiptoo; Respondent: Laban Kiptoo Rotich
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E153 of 2026
- Procedural Posture
- Commercial Case in the Small Claims Court / Judgment After Default/non Appearance by Respondent
- Outcome
- Judgment entered for the Claimant
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Loan Agreement, Proof of Debt, Default Judgment, Service of Process, Costs, Interest on Judgment Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliazer Kiptoo
Claimant
Laban Kiptoo Rotich
Respondent
Procedural Posture
Commercial Case in the Small Claims Court / Judgment After Default/non Appearance by Respondent
Legal Issues
- 1 Whether the Claimant proved the outstanding loan debt on a balance of probabilities
- 2 Whether service on the Respondent was proper despite non-appearance
- 3 What reliefs should issue
Ratio Decidendi
The Claimant produced sufficient documentary evidence to establish that Kshs. 760,000 was advanced to the Respondent under a loan agreement and remained outstanding. Proper service was proved, the Respondent did not appear or respond, and judgment was therefore entered for the Claimant for the principal sum, interest at court rates from the date of judgment, and costs.
Court Disposition
Judgment entered for the Claimant
Orders
- The Respondent shall pay the Claimant Kshs. 760,000
- Interest shall accrue at court rates until payment in full from the date of judgment
Full Case Text
Judgment text and source record
1 paragraphs
Kiptoo v Rotich (Commercial Case E153 of 2026) [2026] SCC 115 (KLR) (11 May 2026) (Judgment) Neutral citation: [2026] SCC 115 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case E153 of 2026 TN Mwangeka, RM May 11, 2026 Between Eliazer Kiptoo Claimant and Laban Kiptoo Rotich Respondent Judgment 1.The Court having looked at the Statement of Claim and the lodged documents in support of the Claimant’s Claim; satisfied that the Claimant has on a balance of 2.probabilities proved that the sum of Kshs. 760,000/- is owed to the Claimant as 3.outstanding loan amount disbursed to the Respondent via agreement dated 28th July 2025 and evidenced by the MPESA transaction details, I&M Bank transaction receipt and Equity Bank transaction receipt filed herein. 4.Further satisfied that there was proper service upon the Respondent who never entered an Appearance nor filed a Response within the prescribed period or at all, hereby enters judgment in favor of the Claimant against the Respondent, for a sum of 5.Ksh. 760,000/- plus interest at court rates until payment in full from date ofjudgement. 6.Additionally, the Claimant is awarded costs of the suit of Ksh. 5, 000/=. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE 11th DAY OF MAY 2026HON. THERESA N. MWANGEKARESIDENT MAGISTRATE/ADJUDICATORIn the presence of;N/A… for Claimant;N/A… for RespondentC/A Sabina