https://new.kenyalaw.org/akn/ke/judgment/scc/2026/139
The Court found proper service, no appearance or response by the Respondent, and that the Claimant proved on a balance of probabilities that it delivered goods worth Kshs. 700,000 which remained unpaid; judgment was therefore entered for the Claimant.
Source-derived case information.
- Citation
- [2026] SCC 139 (KLR)
- Parties
- Claimant: Medionics Healthcare Ltd; Respondent: County Government of Mombasa
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E375 of 2026
- Procedural Posture
- Commercial Claim / Judgment After Undefended Hearing
- Outcome
- Judgment entered for the Claimant.
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Debt Recovery, Service of Process, Default Judgment, Proof of Delivery of Goods, Costs and Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Medionics Healthcare Ltd
Claimant
County Government of Mombasa
Respondent
Procedural Posture
Commercial Claim / Judgment After Undefended Hearing
Legal Issues
- 1 Whether the Respondent was properly served
- 2 Whether the Claimant proved delivery of goods and the outstanding debt
- 3 Whether judgment should enter in default of appearance and response
Ratio Decidendi
The Court found proper service, no appearance or response by the Respondent, and that the Claimant proved on a balance of probabilities that it delivered goods worth Kshs. 700,000 which remained unpaid; judgment was therefore entered for the Claimant.
Court Disposition
Judgment entered for the Claimant.
Orders
- The Respondent shall pay the Claimant Kshs. 700,000.
- The Respondent shall pay costs of the suit.
Full Case Text
Judgment text and source record
1 paragraphs
Medionics Healthcare Ltd v County Government of Mombasa (Commercial Case E375 of 2026) [2026] SCC 139 (KLR) (2 July 2026) (Judgment) Neutral citation: [2026] SCC 139 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case E375 of 2026 TN Mwangeka, RM July 2, 2026 Between Medionics Healthcare Ltd Claimant and County Government of Mombasa Respondent Judgment 1.The Court has considered the Statement of Claim; satisfied that there was proper service upon the Respondent, and in the absence of entering of an appearance by the Respondent or filing of any Response, further satisfied that the Claimant has proved on a balance of probabilities that it delivered goods on or about the 7th day June 2023 of the value of Kshs. 700,000/- which amount remains outstanding to date, the Court hereby enters judgment in favor of the Claimant against the Respondent for Kshs. 700,000/- together with costs and interest of the suit from date of judgment. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE…2ND …. DAY OF…JULY……2026HON. THERESA N. MWANGEKA RESIDENT MAGISTRATE/ADJUDICATORIn the presence of;…Mr. Kariuki h/b for Mr. Mwendwa…Claimant;……N/A…… for RespondentC/A Esther