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MagistratePartially Allowed

Kenya Women Microfinance Bank PLC v Katumo (Civil Case 179 of 2019) [2026] KEMC 62 (KLR)

Magistrates' Court
10 March 2026
4,059 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that a borrower who cannot disprove a lender's loan statement with documents still owes the claimed debt, even after his vehicle was repossessed.

What this practically means

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Executive summary

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The plaintiff bank sued the defendant on a loan agreement under which it advanced Ksh. 4,870,960/= for the purchase of motor vehicle KCD 880R, claiming Ksh. 1,960,376.88/= as the outstanding balance after repossessing and auctioning the vehicle for Ksh. 3,000,000/=. The defendant admitted the loan and default but denied indebtedness, contending that his payments (Ksh. 1,986,100/=) plus the auction proceeds exceeded the loan, and counter-claimed for general damages for unlawful repossession without notice, an order for true accounts, and a refund of any surplus. The court framed six issues. It held that the plaintiff's loan statement was prima facie evidence of the debt; the defendant did not challenge it in cross-examination nor adduce contrary evidence, and the debt of Ksh. 1,960,376.88/= was proven on a balance of probabilities. On the counter-claim, the court found the chattels mortgage agreement permitted repossession upon default without notice or consent; the defendant knew he was in default, took no steps to redeem the vehicle or stop the sale, and did not challenge the auction or allege an undervalue, making the counter-claim an afterthought. The Barasa authority relied on by the defendant was distinguished. The defendant bore, and failed to discharge, the burden of proving a surplus or false accounts, and the court reiterated that it is not the court's duty to audit parties' accounts. The claim over stock and water tanks was unpleaded and unproven. Judgment was entered for the plaintiff for Ksh. 1,960,376.88/= with interest at court rates from filing suit to judgment/decree; the counter-claim was dismissed with costs to the plaintiff.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the defendant owes the plaintiff the sum of Ksh. 1,960,376.88/= or at all
  2. 2.Whether the repossession of the motor vehicle by the plaintiff was unlawful
  3. 3.Whether the defendant is entitled to general damages as against the plaintiff
  4. 4.Whether the plaintiff owes the defendant any money
  5. 5.Whether the plaintiff should be compelled to render an account of the money received on account of the loan agreement
  6. 6.Who should bear the costs of the suit

Key legal issues

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01

Whether the defendant owed the plaintiff Ksh. 1,960,376.88/=

Holding

Yes, the debt was proven on a balance of probabilities; the unchallenged loan statement was prima facie evidence of the balance owing as at 22/9/2016

Reasoning

The loan statement produced by the plaintiff showed a balance of Ksh. 1,960,376.88/= as at 22/9/2016. The defendant did not challenge its contents in cross-examination or adduce contrary evidence. His Mpesa statement was not disputed or interrogated by the plaintiff, but he failed to demonstrate that the repayments exceeded the loan. The court deprecated the plaintiff's failure to explain its computation but found sufficient material to prove the debt.

p. 6
02

Whether the repossession of the motor vehicle was unlawful

Holding

The repossession was lawful; the chattels mortgage agreement entitled the plaintiff to repossess upon default without notice or consent, and the authorities relied on by the plaintiff supported such clauses

Reasoning

The defendant admitted signing the loan agreement and was aware he was in default. He took no steps to redeem the vehicle or stop the sale after repossession, and the counter-claim was an afterthought. The Barasa authority relied on by the defendant was distinguishable on its circumstances. Any irregularity in the conduct of the auction did not vitiate the right of repossession, and the defendant did not challenge the auction or allege an undervalue.

p. 6
03

Whether the plaintiff owed the defendant any money or should render accounts

Holding

No; the defendant failed to discharge his burden of proving a surplus or that the accounts were false

Reasoning

The loan and bank account statements were served with the plaint and the defendant did not interrogate them in cross-examination or point out any surplus. Both parties wrongly assumed the court would audit their accounts. If the defendant believed the accounts were false, he ought to have adduced evidence to that effect. The claim relating to stock and water tanks was unpleaded and unproven.

p. 6

Legal principles established

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  • A loan statement produced by a lender is prima facie evidence of the amount owed and must be rebutted by contrary evidence from the borrower
  • Payments must be proven by documentary evidence and not just by word of mouth
  • It is not the duty of the court to audit parties' accounts or assist a party in proving its case
  • Interest on a liquidated claim should run from the date of filing suit to the date of judgment

Court orders

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  1. 1.Judgment entered for the plaintiff against the defendant in the sum of Ksh. 1,960,376.88/=
  2. 2.Interest on the award at court rates from the date of filing suit to the date of judgment/decree
  3. 3.The defendant's counter-claim dismissed
  4. 4.The plaintiff awarded costs of the suit and counter-claim

The bench

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One judgment of the whole court — no separate or dissenting opinions.

YS
Y.A. ShikandaSenior Principal Magistrate
majority

Wrote the judgment

Jurisdiction invoked
Original civil suit on a loan agreement (plaint dated 27/6/2019); no specific constitutional or statutory jurisdictional provision invoked

Relief refused

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General damages for unlawful repossession of motor vehicle KCD 880R

Repossession was lawful as the chattels mortgage agreement permitted repossession without notice upon default, and the defendant did not challenge the auction or seek redemption

p. 6

Order to render a true account and refund of surplus paid

The defendant did not prove that repayments plus sale proceeds exceeded the loan amount; it was his burden to point to such evidence

p. 6

Claim for goods (stock and water tanks worth Ksh. 169,000/=) allegedly taken by the plaintiff

The issue was not pleaded and no sufficient evidence was adduced

p. 7

Costs

The plaintiff is awarded costs of the suit and counter-claim

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

a. Judgment is hereby entered for the plaintifi against the defendant in the sum of Ksh. 1,960,376.88/=;
p. 7Final orders - judgment for the plaintiff
b. The defendant’s counter-claim is hereby dismissed;
p. 7Final orders - dismissal of counter-claim
c. The plaintifi is awarded costs of the suit and counter-claim.
p. 7Final orders - costs
My opinion is that the loan statement is prima facie evidence of what the defendant owed the plaintifi. This evidence can only be rebutted by contrary evidence by the defendant.
p. 6Evidential weight of lender's loan statement
The plaintifi merely dumped documents to the court and left the court to do the analysis and audit. There is absolutely no meaningful explanation from the plaintifi’s witness on how the amount claimed was arrived at.
p. 4Court's censure of plaintiff's mode of proof
Consequently, interest on the award shall accrue at court rates from the date of filing suit to the date of judgment/decree.
p. 8Interest on liquidated claim

Issues in the judgment

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material

Plaintiff's witness gave contradictory figures for the defendant's repayments (Ksh. 1,236,100 vs Ksh. 1,219,366) and the total loan payable (Ksh. 5,319,111 vs Ksh. 5,302,377)

minor

The judgment inconsistently records the auction date as 7/9/2016 and 2/9/2016

minor

Chattels mortgage agreement produced in evidence was incomplete, with page six missing where the signatures of the parties ought to be

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Women Microfinance Bank PLC v Katumo (Civil Case 179 of 2019) [2026] KEMC 62 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/62/eng@2026-03-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.