Kenya Case Law

Amka Credit Limited v Catherine Nduku Mutua

Court

High Court

Case number

Civil Appeal E157 of 2025

On appeal from the Small Claims Court, the High Court held that a lender suing in its own name was wrongly denied judgment for lack of capacity, and enforced the respondent's admitted balance of KShs 93,000 with interest at court rates, declining the 25% monthly contractual rate as unconscionable.

• Locus standi and corporate legal personality
• Proof of loan advance and documentary evidence
• Admission of part of claim under small claims court act s.26
• Unconscionable contractual interest rates
• Right to fair hearing under article 50(1) of the constitution
• Appellate jurisdiction limited to matters of law under s.38 small claims court act

Mitunguu Technical Institute v Reflection Investment Co Ltd

Court

High Court

Case number

Small Claims Appeal E004 of 2025

Judge

SM Githinji

The High Court at Meru granted a conditional stay of execution of a small claims money decree pending appeal, holding that a money decree alone is insufficient for a stay without proof of substantial loss, and requiring deposit of the decretal sum and filing of the record of appeal.

• Stay of execution pending appeal
• Substantial loss
• Security for due performance of decree
• Unreasonable delay in filing stay application
• Conditional stay
• Stay-of-execution

Ndirangu v Jivunie Enterprises Ltd

Ndirangu v Jivunie Enterprises Ltd (Commercial Case E754 of 2025) [2026] SCC 228 (KLR) (21 August 2026) (Ruling)

Court

Small Claims Court

Case number

Commercial Case E754 of 2025

Judge

["ME Aligula"]

The Applicants specifically identified disputed factual averments in paragraph 5 of the supporting affidavit and demonstrated that those facts were material to the pending motion. The court held that fraud or bad faith are not mandatory preconditions to cross-examination under Order 19 Rule 2; the governing test is whether cross-examination is necessary in the interests of justice. On that basis, the court exercised its discretion to permit cross-examination, stayed the main motion pending that process, and limited the cross-examination to the identified factual disputes.

Source excerpt

• Cross-examination of deponent
• Affidavit evidence
• Discretion under order 19 rule 2
• Stay of proceedings
• Contested factual issues

Crossfix Ltd v St Bridget Hospital Kiambu

Crossfix Ltd v St Bridget Hospital Kiambu (Commercial Case E100077 of 2025) [2026] SCC 214 (KLR) (14 August 2026) (Judgment)

Court

Small Claims Court

Case number

Commercial Case E100077 of 2025

Judge

["GW Kiamah"]

The claimant failed to prove, on a balance of probabilities, that a binding contract existed, that the respondent ordered and received the medical supplies, or that the claimed sum of Kshs. 237,030 was due. The unsigned agreements, self-generated spreadsheet, unsupported invoices, absence of delivery notes or acknowledgments, and unexplained third-party payments did not establish liability against the respondent.

Source excerpt

• Burden of proof
• Proof of delivery
• Unsigned contracts
• Invoices as evidence
• Third-party payments
• Costs

Mwangi v King’ori

Mwangi v King’ori (Commercial Case E97551 of 2025) [2026] SCC 222 (KLR) (14 August 2026) (Judgment)

Court

Small Claims Court

Case number

Commercial Case E97551 of 2025

Judge

["GW Kiamah"]

The claimant failed to prove a simple personal liquidated debt because the documents showed an underlying commercial dispute over supply of allegedly adulterated fuel between corporate entities, with non-parties central to the transaction; the Small Claims Court was therefore not the proper forum, and both the claim and counterclaim were struck out.

Source excerpt

• Liquidated claim
• Burden and standard of proof
• Misdescription of cause of action
• Corporate personality and proper parties
• Adulterated fuel supply dispute
• Jurisdiction/forum appropriateness

Remo Chemicals and Laboratory Equipments Ltd v Tarakwa Secondary School

Remo Chemicals and Laboratory Equipments Ltd v Tarakwa Secondary School (Commercial Case E4900 of 2025) [2026] SCC 188 (KLR) (31 July 2026) (Judgment)

Court

Small Claims Court

Case number

Commercial Case E4900 of 2025

Judge

["ME Aligula"]

The claimant proved on a balance of probabilities that goods were supplied to the respondent and that money remained unpaid. The respondent’s post-filing part-payment of KSh 100,000 was treated as an implicit admission of liability, defeating the bare denial and confirming an outstanding balance of KSh 505,993, which was awarded with costs and interest.

Source excerpt

• Breach of contract
• Supply and delivery of goods
• Debt recovery
• Part-payment as admission
• Proof on balance of probabilities
• Costs and interest

Muchiri v Osundwa & Company Advocates (Small Claims Appeal E175 of 2025)

Muchiri v Osundwa & Company Advocates (Small Claims Appeal E175 of 2025) [2026] KEHC 11708 (KLR) (Civ) (28 July 2026) (Ruling)

Court

High Court

Case number

Small Claims Appeal E175 of 2025

Judge

["LP Kassan"]

The Applicant did not satisfy the cumulative requirements for stay because no substantial loss was demonstrated and the conditional security order was disobeyed; independently, the memorandum of appeal raised no arguable question of law within the limited appellate jurisdiction from the Small Claims Court, so the appeal was properly summarily rejected.

Source excerpt

• Stay of execution pending appeal
• Security for due performance
• Substantial loss
• Summary rejection of appeal
• Jurisdiction on appeals from small claims court

Makhanu v Muchiri

Court

High Court

Case number

Civil Appeal E870 of 2024

Judge

DO Onyango

On appeal from a Small Claims Court default judgment, the High Court held that a liquidated, unchallenged contractual claim should be entered as pleaded under s.27(1) of the Small Claims Act, varying the award to compound interest at 14% per annum.

• Judgment in default of defence under small claims act s.27(1)
• Liquidated claims and entry of judgment as pleaded
• Enforcement of contractual interest terms and freedom of contract
• Court discretion on interest and reasons for departing from pleadings
• Compound interest under addendum agreement
• Costs on appeal

Odili v Wanyonyi

Odili v Wanyonyi (Commercial Case E082 of 2026) [2026] SCC 154 (KLR) (14 July 2026) (Ruling)

Court

Small Claims Court

Case number

Commercial Case E082 of 2026

Judge

["AZ Ogange"]

The court held that the Small Claims Court Act expressly governs territorial jurisdiction and does so broadly. On the material before it, the applicant failed to show that Malaba Small Claims Court lacked jurisdiction. The application based on territorial jurisdiction therefore had no merit and was dismissed.

Source excerpt

• Territorial jurisdiction
• Place of suing
• Strike out application
• Costs
• Statutory interpretation of the small claims court act

Thiongo v Mwangi

Thiongo v Mwangi (Commercial Case E81262 of 2025) [2026] SCC 48 (KLR) (26 June 2026) (Ruling)

Court

Small Claims Court

Case number

Commercial Case E81262 of 2025

Judge

["GW Kiamah"]

Although the monetary claim was within the Small Claims Court's pecuniary limit, the dispute in substance concerned rights and obligations arising from a sale agreement over immovable property, including vacant possession, eviction of tenants, completion obligations, and set-offs. Those matters amounted to issues of possession and land-related rights excluded from the court's jurisdiction under section 13(5) of the Small Claims Court Act, so the court lacked jurisdiction and the claim had to be struck out.

Source excerpt

• Jurisdiction
• Sale agreement
• Pecuniary jurisdiction
• Immovable property
• Vacant possession
• Eviction of tenants