Kenya Case Law

Komu v Directline Assurance Company Ltd

Komu v Directline Assurance Company Ltd (Commercial Case E474 of 2025) [2026] SCC 81 (KLR) (8 May 2026) (Ruling)

Court

Small Claims Court

Case number

Commercial Case E474 of 2025

Judge

["TN Mwangeka"]

The applicant failed to prove financial hardship, but the court nevertheless exercised its discretion under section 36(1)(a) of the Small Claims Court Act to allow payment by instalments in the interests of justice, fixing terms that were more substantial than requested to balance the parties’ interests.

Source excerpt

• Payment of decretal sum by instalments
• Judicial discretion
• Enforcement of judgment debt
• Financial hardship
• Execution on default

Busoro t/a Vibb Construction Co. v Odemba & another (Small Claims Appeal E154 of 2025)

Busoro t/a Vibb Construction Co. v Odemba & another (Small Claims Appeal E154 of 2025) [2026] KEHC 6049 (KLR) (7 May 2026) (Ruling)

Court

High Court

Case number

Small Claims Appeal E154 of 2025

Judge

["LP Kassan"]

The court rejected the application because the proposed installment plan of Ksh 50,000 per month for a decretal sum of Ksh 400,000 was not persuasive, especially since the judgment had been delivered nine months earlier and the appellant could have been saving the proposed amount to satisfy the decree by then.

Source excerpt

• Stay of execution
• Payment of decretal amount by installments
• Warrant of arrest
• Financial hardship
• Costs

Orbit Products Africa Limited v Spot Trading Import Export SRL

Court

Court of Appeal

Case number

Civil Application E527 of 2025

Judge

["DK Musinga", "M Ngugi", "F Tuiyott"]

The Court of Appeal dismissed an application for stay of execution pending appeal, holding that although the appeal was arguable, the applicant failed the nugatory test.

• Stay of execution pending appeal
• Arguable appeal
• Nugatory aspect
• Judgment on admission
• Consent judgments
• Payment by instalments