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Small ClaimsPartially AllowedNot stated in the judgment (statement of claim dated 31st October 2025)

Mwadime v Lelei (Commercial Case E073 of 2025) [2025] SCC 24 (KLR)

Small Claims Court
19 November 2025
FMF.M. Mulama
304 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Voi Small Claims Court awarded Kshs.177,500 in unpaid machine hire fees with interest, showing documented debts are enforceable quickly in Kenya.

What this practically means

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Executive summary

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By a statement of claim dated 31st October 2025, the claimant sued the respondent seeking judgment of Kshs.177,500/= together with costs. The claimant averred that the respondent hired a machine used for digging trenches and partially paid for it, leaving a balance of Kshs.177,500/= which remains unpaid. The respondent did not enter appearance and did not file any response to the claim. The adjudicator considered the claim and the supporting documents, and was satisfied from the evidence of service that service of the claim on the respondent was proper. On the merits, the court found that on a balance of probabilities the claim had been proved by the supporting documents. Default judgment was accordingly entered in favour of the claimant against the respondent for the full sum claimed of Kshs.177,500/=. In the conclusion and disposition, the court allowed the claimant's suit in the sum of Kshs.177,500/=, granted the claimant costs of the suit but limited to disbursements only, and awarded interest on the decretal sum from the date of filing the claim until payment in full. The judgment was dated, signed and delivered at Voi Small Claims Court on 19th November 2025 by F.M. Mulama, Adjudicator/RM, in the presence of court assistant Daniel Joshua and Bazil Mwadime. No authorities were cited and no costs beyond disbursements were awarded.

Questions the Court framed

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

  1. 1.Whether service of the claim on the respondent was proper
  2. 2.Whether the claim for Kshs.177,500/= being the unpaid balance for hire of a trench-digging machine was proved on a balance of probabilities

Key legal issues

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01

Proof of an unrebutted debt claim

Holding

The claim was proved on a balance of probabilities and default judgment entered for the full sum of Kshs.177,500/=

Reasoning

The respondent refused or ignored to enter appearance or file any response, leaving the claim unrebutted. The adjudicator examined the documents filed in support and the evidence of service, was satisfied service was proper, and found that on a balance of probabilities the claim for the unpaid hire balance had been proved, warranting judgment for the amount claimed with interest.

p. 1

Legal principles established

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  • Where a claim is properly served and not opposed, and the supporting documents prove it, judgment may be entered on a balance of probabilities for the sum claimed

Court orders

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  1. 1.The claimant's suit is allowed in the sum of Kshs.177,500/=
  2. 2.The claimant is granted costs of the suit limited to disbursements only
  3. 3.Interest on the sum of Kshs.177,500/= from the date of filing the claim until payment in full

The bench

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

FM
F.M. MulamaAdjudicator
majority

Wrote the judgment

Jurisdiction invoked
Small Claims Court jurisdiction over the money claim (statutory basis not expressly cited in the judgment)

Relief refused

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Full costs of the claim

Costs were limited to disbursements only rather than the costs of the claim as prayed

p. 2

Costs

Costs of the suit granted to the claimant but limited to disbursements only

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.

I have perused the documents as filed and evidence of service of the claim and I am satisfied that indeed service of the claim was proper.
p. 1Service of the claim
I do find that on a balance of probabilities the claim has been proved.
p. 1Standard and burden of proof
The claimant’s suit is hereby allowed in the sum of Kshs.177,500/=
p. 2Final orders
The claimant is granted costs of the suit limited to disbursements only and interest on the sum claimed in (a) above from the date of filing the claim until payment in full.
p. 2Final orders - costs and interest

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, "Mwadime v Lelei (Commercial Case E073 of 2025) [2025] SCC 24 (KLR)", Case Analysis (2025). Not stated in the judgment (statement of claim dated 31st October 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2025/24/eng@2025-11-19

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