https://new.kenyalaw.org/akn/ke/judgment/scc/2026/93
The court found that the Respondents had been properly served, that they failed to enter appearance or file any response, and that the Claimant had proved the claim on a balance of probabilities; judgment was therefore entered for the Claimant for Ksh. 105,000 plus interest and costs.
Source-derived case information.
- Citation
- [2026] SCC 93 (KLR)
- Parties
- Claimant: Mutua Musyoka; 1st Respondent: Philip Kilonzo; 2nd Respondent: elizabeth Thiongo & another
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E1444 of 2025
- Procedural Posture
- Commercial Case / Judgment
- Outcome
- Judgment entered for the Claimant.
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Default Judgment, Service of Process, Proof on a Balance of Probabilities, Costs, Interest on Decretal Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutua Musyoka
Claimant
Philip Kilonzo
1st Respondent
elizabeth Thiongo & another
2nd Respondent
Procedural Posture
Commercial Case / Judgment
Legal Issues
- 1 Whether the Respondents were properly served
- 2 Whether the Respondents’ failure to enter appearance or file a response justified judgment for the Claimant
- 3 Whether the Claimant proved the claim on a balance of probabilities
Ratio Decidendi
The court found that the Respondents had been properly served, that they failed to enter appearance or file any response, and that the Claimant had proved the claim on a balance of probabilities; judgment was therefore entered for the Claimant for Ksh. 105,000 plus interest and costs.
Court Disposition
Judgment entered for the Claimant.
Orders
- The Respondents shall pay the Claimant Ksh. 105,000.
- Interest shall accrue at court rates until payment in full.
Full Case Text
Judgment text and source record
1 paragraphs
Musyoka v Kilonzo & another (Commercial Case E1444 of 2025) [2026] SCC 93 (KLR) (8 May 2026) (Judgment) Neutral citation: [2026] SCC 93 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case E1444 of 2025 TN Mwangeka, RM May 8, 2026 Between Mutua Musyoka Claimant and Philip Kilonzo 1st Respondent elizabeth Thiongo & another 2nd 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 there was proper service upon the Respondents who never entered an Appearance nor filed a Response within the prescribed period or at all, and satisfied further that the Claimant has proved its case on a balance of probabilities against the Respondents, hereby enters judgment in favor of the Claimant against the Respondents, for a sum of Ksh. 105,000/= plus interest at court rates until payment in full. 2.Further the Claimant is awarded cost of the suit at Ksh. 5, 000/=. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE……8TH …….DAY OF………MAY… 2026HON. THERESA N. MWANGEKARESIDENT MAGISTRATE/ADJUDICATORIn the presence of;…Ms. Kayatta…..Claimant;……N/A……… for 1st 2nd and 3rd RespondentsC/A Sabina