https://new.kenyalaw.org/akn/ke/judgment/scc/2026/171

Mwendar v Ondiek (Commercial Case E1474 of 2026) [2026] SCC 171 (KLR) (18 May 2026) (Ruling) Neutral citation: [2026] SCC 171 (KLR) Republic of Kenya In the Milimani Small Claims Court Commercial Case E1474 of 2026 M Cherotich, RM May 18, 2026 Between Lemi Morris Mwendar Claimant and Andrew Ondiek Respondent Ruling 1.The Applicant filed an application dated 7th May 2026 seeking the following orders:i.That this Honourable Court be pleased to deem the Claimant/Applicant’s Bundle of Documents as duly filed and properly on record.ii.That this Honourable Court be pleased to grant leave to the Respondent to file and serve its response documents within such time as the Court may direct.iii.That the costs of this Application be in the cause.iv.That this Honourable Court be pleased to make such further or other orders as it may deem fit and just in the circumstances. 2.The Application is premised on the grounds set out therein and is supported by the Affidavit of Nerah Christine Wanjiku. 3.On 12th May 2026, the Respondent’s advocate orally opposed the application, on the ground that the Applicant had been granted time but failed to comply. Further, pre-trials were closed and the matter was certified ready for hearing. He prayed that the application be dismissed with costs. It is noteworthy that the Respondent failed to file a written response within 2 days as directed by the Court. The Court has therefore proceeded on the basis of the documents filed on the CTS platform as at the said date and the oral submissions of the parties. 4.The record shows that on 20th April 2026, the Claimant was granted 4 days to file additional documents. Subsequently, on 27th April 2026, the Claimant sought leave to file further documents and was granted an additional 2 days to do so. The Respondent was equally granted 2 days to file any additional documents, if need. Thereafter, the matter was fixed for hearing on 4th May 2026. 5.On the scheduled hearing date, counsel for the Claimant sought an adjournment on the ground that she was indisposed. The matter was adjourned and the matter fixed for hearing on 8th May 2026. On the said date, the Claimant once again sought an adjournment on the basis that she had filed the instant application seeking leave to file additional documents. 6.The Court is of the considered view that the Claimant was accorded several opportunities to file the intended documents but failed to do so within the timelines granted by the Court. This being a small claims matter, this Court is under statutory duty to ensure its expeditious disposal within the prescribed timeline of 60 days. Litigation must come to an end, and the Court cannot continue indulging a party who has persistently failed to comply despite having been accorded sufficient opportunity to do so. This conduct, in the Court’s view, demonstrates indolence. 7.This Court is not persuaded by the explanation proffered by the Applicant, as to allow the application would amount to assisting a party who seeks to obstruct and/or delay the expeditious course of justice. 8.In light of the foregoing, I find that the application is devoid of merit and the same is dismissed with no orders as to costs. 9.The matter is fixed for hearing on 19th May 2026. DATED, SIGNED AND DELIVERED VIRTUALLY AT MILIMANI SMALL CLAIMS COURT THIS 18th DAY OF MAY 2026.CHEROTICH MARYLEENADJUDICATOR/ RESIDENT MAGISTRATE