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Small ClaimsAllowedNot stated in judgment· [2026] SCC 4 (KLR)

Naaman Muses & Co Limited v Mwangela t/a Huruma Shop Werugha (Commercial Case E001 of 2026) [2026] SCC 4 (KLR)

Small Claims Court
5 February 2026
FMF.M. Mulama
762 words in judgment
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The bottom line

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A Voi court awarded a supplier Kshs.64,263 in unpaid credit debt because the buyer couldn't prove the amount was wrong.

What this practically means

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Executive summary

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The claimant supplied goods on credit to the respondent and, after partial payments, claimed an outstanding balance. As at 25th November 2025 the balance stood at Kshs.184,263.70. The claimant later received further payments of Kshs.50,000 and Kshs.70,000, reducing the claim to Kshs.64,263.70. The respondent, responding partly on a without prejudice basis, admitted making the two payments but asserted they were made voluntarily in an effort to amicably settle the matter, and contended without demonstrating how that the claimant's computation of the debt was inaccurate. The matter proceeded by way of Section 30 of the SCC Act, on documents and submissions. The court framed two issues: whether the claim was proved, and who bears costs. Applying Section 107 of the Evidence Act, the Adjudicator held that he who alleges must prove; the respondent, having alleged that the sums were inaccurately computed, failed to point out any exaggerations, demonstrate the correct figures, or challenge the invoices the claimant produced. The court noted the respondent's without prejudice acknowledgment of the debt and proposed payment plan but made no finding on it. The claim was held proved, judgment was entered for the claimant in the sum of Kshs.64,263.70, and costs were awarded to the claimant. Judgment was delivered at Voi Small Claims Court on 5th February 2026 by F.M. Mulama, Adjudicator/RM.

Key legal issues

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01

Whether the claim for the outstanding balance was proved

Holding

The claim was proved; the respondent failed to discharge the burden of demonstrating that the claimant's computation was inaccurate.

Reasoning

The respondent did not deny the claim outright but merely asserted, without evidence, that the amounts were inaccurately computed. He failed to show what the correct computation would be and did not challenge the invoices attached by the claimant. Under Section 107 of the Evidence Act, the burden lay on him to prove the facts he asserted, which he failed to do. The claimant's claim was therefore proved to the required standard.

p. 2

Legal principles established

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  • He who alleges must prove; a party challenging the accuracy of a computation must demonstrate the correct figures.

Court orders

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  1. 1.The claimant's claim contained in the statement of claim dated 5/1/2026 is allowed in the sum of Kshs.64,263.70/=.
  2. 2.Costs are awarded to the claimant.
Jurisdiction invoked
Small Claims Court Act (Section 30 SCC Act)

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, "Naaman Muses & Co Limited v Mwangela t/a Huruma Shop Werugha (Commercial Case E001 of 2026) [2026] SCC 4 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/4/eng@2026-02-05

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