https://new.kenyalaw.org/akn/ke/judgment/scc/2026/198
The evidence showed payments of Kshs. 149,270 against a claim of Kshs. 141,339, meaning the claim had been fully settled and even overpaid by Kshs. 7,931; however, because no counterclaim was filed, no refund order could issue.
Source-derived case information.
- Citation
- [2026] SCC 198 (KLR)
- Parties
- Claimant: UMOJA MAGHARIBI KENYA LIMITED; Respondent: Micah Khisa Mamati
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E092 of 2024
- Procedural Posture
- Small Claims Court Civil Claim for Payment of Money / Judgment After Hearing and Submissions
- Outcome
- Claim dismissed with costs to the Respondent
- Judges
- ["AZ Ogange"]
- Legal Topics
- Settlement of Claim by Payment, Outstanding Balance Dispute, Counterclaim Requirement for Refund, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
UMOJA MAGHARIBI KENYA LIMITED
Claimant
Micah Khisa Mamati
Respondent
Procedural Posture
Small Claims Court Civil Claim for Payment of Money / Judgment After Hearing and Submissions
Legal Issues
- 1 Whether the amount claimed remained outstanding
- 2 Whether the Claimant’s suit was fully settled by prior payments
- 3 Whether the Court could order refund of alleged overpayment without a counterclaim
Ratio Decidendi
The evidence showed payments of Kshs. 149,270 against a claim of Kshs. 141,339, meaning the claim had been fully settled and even overpaid by Kshs. 7,931; however, because no counterclaim was filed, no refund order could issue.
Court Disposition
Claim dismissed with costs to the Respondent
Orders
- The Claimant’s claim for Kshs. 141,339 is dismissed.
- Costs are awarded to the Respondent and assessed at Kshs. 7,000.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE SMALL CLAIMS COURT AT MALABA** **SCCCOMM NO. E092 OF 2026** **UMOJA MAGHARIBI KENYA LIMITED….................................CLAIMANT** **-VERSUS-** **MICAH KHISA MAMATI…….……………….……….…….…………..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. 141,339/= 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, payments totaling Kshs. 149,270 had been made. 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 statement produced in evidence. Upon computation, the payments made total to Kshs. 149,270/= whereas the amount claimed is Kshs. 141,339/= therefore being an excess of payment of Kshs. 7,931/=. 5. It is consequently clear that the Claimant's claim has been fully settled, with an excess payment of Kshs. 7,931/=. 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. 141,339/= is hereby dismissed with costs to the Respondent costs which are assessed at Kshs. 7,000/=. **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 Micah Mamati Khisa the Respondent Court Assistant: Brenda Ochieng’ **A.Z. OGANGE** **R.M/ADJUDICATOR** 12.08.2026