Lengube v Mbwagwa (Commercial Case E027 of 2026) [2026] SCC 30 (KLR) (15 May 2026) (Judgment)

Lengube v Mbwagwa (Commercial Case E027 of 2026) [2026] SCC 30 (KLR) (15 May 2026) (Judgment) Neutral citation: [2026] SCC 30 (KLR) Republic of Kenya In the Small Claims Court at Voi Commercial Case E027 of 2026 FM Mulama, RM May 15, 2026 Between Constance R.S Zale Lengube Claimant and Renson Kakucha Mbwagwa Respondent Judgment Background 1.Vide a claim contained in the statement of claim dated 12/3/2026 the claimant prays for judgment in the sum of Kshs.473,680 from the respondent. The claim is not opposed by the respondent. 2.In support of the claim, the claimant states that she entered into a construction agreement dated 4/8/2025 with the respondent for the construction of a 1 bedroomed house at a cost of Kshs.984,160/= and that as t 16/10/2025 the claimant had paid the respondent Kshs.902,160/= and in support thereof relied on the banking slips from equity bank limited. 3.That further the respondent undertook to complete the work within 4 weeks from 5/8/2025 and that to date the works has not been completed despite several notices and opportunities to remedy the default. 4.That following this the claimant engaged another valuer who assessed the work done and issued a report showing that the respondent should refund Kshs.473,680/= and she produced the report as an exhibit. 5.She concludes her case by stating that the respondent’s refusal to conclude the works has forced her to engage another contractor to complete the remaining works and this has forced her to incur more costs and now claims the amount against the respondent. 6.I have considered the said statement and the exhibits produced in the matter. Issues for Determination 7.The following issue is for determination.a.Whether the claim has been proved.b.Who bears the costs of the claim. Analysis. a. Whether the Claim has been Proved. 8.The issue at hand as I have understood it from the pleadings, is that works were started but were not concluded by the respondent. Several reminders have been put to him to conclude the work but he has refused to complete the works. The claimant has thereafter engaged another valuer who has drawn up another bill of quantities. 9.In essence therefore there are 2 bills of quantities. One for the entire works to be done and the other for the pending work to be done. The respondent and the claimant have executed an agreement where the respondent in signing the agreement acknowledges that he has not concluded the works that are pending and undertook to complete within 4 weeks. That has not been done. 10.The claimant has thus sought to know how much it would cost to complete the works that are pending. A bill of quantities by Pro Builders of what is pending has been filed and proposes that Kshs.473,680/= is the amount that the claimant shall require to complete the pending works. 11.In arriving at this figure he has allocated each item a specific cost whether it’s a service cost or the purchase price for the various materials that shall be required for the works. I have perused the said bill of quantities and I am satisfied that the amount has been pleaded with some amount of certainty. 12.I thus agree with the claimant in terms of what she claims from the respondent in the absence of any valuation to the contrary. 13.Consequently, the claim is allowed in the sum of Kshs.473,680/=. b. Who Bears the Costs of the Claim. 14.The claimant is successful in her claim and since costs follow events, she is awarded costs of the claim. Disposition. 15.The claim contained in the statement of claim dated 12th March 2026 is allowed in the sum of Kshs.473,680/=. Costs are awarded to the claimant. 16.The file be and is hereby closed. 17.It is so ordered. DATED AND DELIVERED VIRTUALLY AT VOI SMALL CLAIMS COURT THIS…15TH…DAY OF..MAY..2026F.M. MULAMAADJUDICATOR/RMIn the presence of:Vivian Wambui-C/AMs. Njogu for the Claimant.