https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7190

Veteran Pharmaceuticals Limited v Nyahururu County Hospital & another (Civil Suit E006 of 2024) [2026] KEHC 7190 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEHC 7190 (KLR) Republic of Kenya In the High Court at Nyahururu Civil Suit E006 of 2024 LN Mutende, J May 14, 2026 Between Veteran Pharmaceuticals Limited Plaintiff and Nyahururu County Hospital 1st Defendant County Government of Laikipia 2nd Defendant Ruling 1.Veteran Pharmaceuticals Limited, the Plaintiff, sued the Defendants jointly and severally claiming for Kshs.19,153,494.70cts, interest of 4% per month from 4th July, 2025, until payment in full plus and costs of the suit. 2.The sum claimed is for medical goods supplied to the 1st Defendant at its request. That the orders placed by the 1st Defendant from the date of supply and the agreed interest on the unpaid amount was at the rate of 4% per month. That despite a notice of intention to sue having been given, the Defendants have neglected to pay up. 3.In a statement of defence filed by the Defendants they admit owing Kshs.18,417,058/- but urge that circumstances have significantly impacted its financial position and its inability to meet the obligations promptly. 4.Through a Notice of Motion dated 14th November, 2024, the Plaintiff seeks an order that judgment o admission be entered against the Defendants in the sum of Kshs.19,153,494.70/- plus interest of 4% per month from 4th July, 2023 until payment in full, with costs of the suit. 5.The application is premised on grounds that the sum claimed was for purchase of medical goods supplied to the 1st Defendant which medical goods, the 2nd Defendant is under the obligation to pay but has refused, failed and neglected to do so. 6.In a supporting affidavit deposed by Robert Kamau Willie the Director of the Plaintiff, he states that the debt has been admitted by the Defendants. 7.The application is unopposed. 8.Order 13 Rule (2) of the Civil Procedure Rules provides as follows;Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties; and the court may upon such application make such order, or give such judgment, as the court may think just. 9.The remedy sought is a discretionary one. In the case of Guardian Bank Limited v Jambo Biscuits Kenya Limited [2014] eKLR it was stated that;“The principle applicable in judgment on admission is that the admission must be very clear and unequivocal on a plain perusal of the admission. The admission in the sense of Order 13 Rule 2 of the Civil Procedure Rules is not one which requires copious interpretations or material to discern. It must be plainly and readily discernible. In such clear admission, like J.B. Havelock J stated in the case of 747 Freighter Conversion LLC v One Jet One Airways Kenya Ltd & 3 Others HCCC No. 445 of 2012, there is no point in letting a matter go for a trial for there is nothing to be gained in a trial. See the case of Botanics Kenya Ltd Ensign Food (K) Ltd HCCC No. 99 of 2012, where Ogola J gave a catalogue of other cases which amplified this principle. These cases are: Choitram v Nazari(1984) KLE 327 that;-...admissions have to be plain and obvious as plain as a pikestaff and clearly readable because they may result in judgment being entered. They must be obvious on the face of them without requiring a magnifying glass to ascertain their meaning.”Chesoni Ag. JA went on to add that:-”...an admission is clear if the answer by a bystander to the question whether there was an admission of facts would be ‘of course there was’’.Cassam v Sachania(1982) KLR 191 –The judge’s discretion to grant judgment on admission of fact under the order is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability entitling the plaintiff to judgment’’.” 10.I have carefully considered the record. Annexure “RKWN – 1” is a settlement letter authored by Dr. Kamande L.N., Chief Executive Officer of the 1st Defendant. It reads.“we acknowledge the financial obligation owed to you amounting to Kshs.19,153,494….” 11.This is clear. There is no ambiguity. The Defendants are liable and have neglected to respond to the application. What cannot be ascertained is the interest rate which will require proof through hearing. 12.In the premises, I find the first limb of the application meritorious. Accordingly, the same is allowed in that I enter judgment for the Plaintiff in sum of Kshs.19,153,494.70/-. 13.The question of interest will be determined by the court during trial. 14.It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14TH DAY OF MAY, 2026.……………………L.N. MUTENDEJUDGE