https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/457
The court compared the pleaded claim with the M-Pesa payment records and found payments totaling Kshs. 74,222 against a claim of Kshs. 65,125, meaning the claim had been fully satisfied and even overpaid. Because no counterclaim was before the court, no refund order could issue; the claim was dismissed with costs to...
Source-derived case information.
- Citation
- [2026] KEMC 457 (KLR)
- Parties
- Claimant: Umoja Magharibi Kenya Limited; Respondent: Anthony Wanjala Wafula
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E093 of 2026
- Procedural Posture
- Small Claims Court Civil Claim for Money Due / Judgment After Submissions
- Outcome
- Claim dismissed
- Judges
- ["AZ Ogange"]
- Legal Topics
- Outstanding Balance, Payment Discharge, Excess Payment, Absence of Counterclaim, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Umoja Magharibi Kenya Limited
Claimant
Anthony Wanjala Wafula
Respondent
Procedural Posture
Small Claims Court Civil Claim for Money Due / Judgment After Submissions
Legal Issues
- 1 Whether the claimed sum of Kshs. 65,125 remained outstanding
- 2 Whether the respondent’s alleged overpayment could ground a refund order without a counterclaim
Ratio Decidendi
The court compared the pleaded claim with the M-Pesa payment records and found payments totaling Kshs. 74,222 against a claim of Kshs. 65,125, meaning the claim had been fully satisfied and even overpaid. Because no counterclaim was before the court, no refund order could issue; the claim was dismissed with costs to the respondent.
Court Disposition
Claim dismissed
Orders
- The claimant’s claim for Kshs. 65,125 is dismissed.
- Costs awarded to the respondent at Kshs. 3,000.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE SMALL CLAIMS COURT AT MALABA** **SCCCOMM NO. E093 OF 2026** **UMOJA MAGHARIBI KENYA LIMITED….................................CLAIMANT** **-VERSUS-** **ANTHONY WANJALA WAFULA…………….……….…….…………..RESPONDENT** **JUDGMENT** 1. Vide a statement of claim dated 22nd July 2026 and filed in court on 23rd July 2026 the Claimant prays for judgment in his favor for the sum of Kshs. 65,125/= together with costs and interest of the suit. 2. The Respondent disputed the claim vide a Statement of Response dated 3rd August 2026, contending that the entire amount had been paid and that, in fact, he had made an excess payment of Kshs 10,650/=. 3. This matter came up today the 12th day of August 2026 when it became apparent from the submissions of parties that the sole issue for determination is whether the amount claimed remains outstanding. 4. I have considered the pleadings and the M-Pesa statements produced in evidence. Upon computation, the payments made total to Kshs. 74,222/= whereas the amount claimed is Kshs. 65,125/= therefore being an excess of payment of Kshs. 9,097/=. 5. It is consequently clear that the Claimant's claim has been fully settled, with an excess payment of Kshs. 9,097/=. The claim is therefore without merit. 6. Although the Respondent asserts an excess payment, there is no counterclaim before the Court upon which an order for refund or recovery of the excess can properly issue. The Court cannot grant relief in the absence of a pleaded and proved claim. 7. The upshot of my findings therefore is that the Claimant’s Claim for Kshs. 65,125/= is hereby dismissed with costs to the Respondent costs which are assessed at Kshs. 3,000/=. **JUDGMENT DATED, SIGNED AND DELIVERED IN OPEN COURT AT MALABA SMALL CLAIMS COURT THIS 12TH DAY OF AUGUST 2026.** In the Presence of Mr. Wattangah for the Claimant and Anthony Wanjala Wafula the Respondent Court Assistant: Brenda Ochieng’ **A.Z. OGANGE** **R.M/ADJUDICATOR** 12.08.2026