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Small ClaimsPartially AllowedNot stated in the judgment (application dated 16/12/2025)

Ngure v Two NK Holding Investment Group Limited (Commercial Case E054 of 2025) [2026] SCC 8 (KLR)

Small Claims Court
16 January 2026
935 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan Small Claims Court allowed a debtor to pay in just two instalments, rejecting a late 9-month plan filed only after their property was proclaimed for execution.

What this practically means

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Executive summary

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This is a ruling of the Small Claims Court at Voi, delivered by F.M. Mulama, Adjudicator/RM, on 16th January 2026, on an application dated 16th December 2025 by the judgment debtor (Respondent/Applicant) seeking a stay of execution pending payment and leave to settle the decretal sum in monthly instalments of Kshs.100,000/=. The claimant (decree holder) opposed the application through the affidavit of Godfrey Njenga, arguing that the applicant had taken no steps towards compliance since judgment, was misleading the court on delay and good faith, and had made no full and frank disclosure of its financial position, annexing no bank statements or financial records. The court framed two issues: whether payment in instalments could be granted, and costs. It held that instalment prayers should be made within reasonable time after judgment, not when execution is imminent; that the application, filed on 16/12/2025 only after the debtor was proclaimed (judgment having been delivered on 8/10/2025 with a 30-day stay), was late and mischievous; and that the applicant had failed to comply with Rule 27(2)(a-c) of the SCC Rules on disclosure of income, assets and liabilities. The proposed 9-month repayment schedule was found grossly unreasonable. Nonetheless, the court reluctantly allowed the application on its own terms, ordering payment of the decretal sum in two equal instalments - the first on or before 31/1/2026 and the second 30 days thereafter - with liberty to execute for any balance on default, and ordered each party to bear its own costs of the application.

Questions the Court framed

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

  1. 1.Whether the order for payment in instalments can be granted.
  2. 2.Whether costs should be awarded and to who.

Key legal issues

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01

Whether payment of the decretal sum in instalments can be granted

Holding

Although the application was late, made only after proclamation, and non-compliant with Rule 27(2)(a-c) of the SCC Rules, the court reluctantly allowed it on its own terms - two equal instalments with liberty to execute on default.

Reasoning

The court held that instalment applications should be made within reasonable time after judgment, not when execution is imminent. Judgment was delivered on 8/10/2025 with a 30-day stay; the application was filed on 16/12/2025 only after the judgment debtor was proclaimed. The proposed 9-month schedule of Kshs.100,000/= monthly was grossly unreasonable, and no evidence of income, assets or liabilities was disclosed as required by Rule 27(2)(a-c). Despite these defects, the court, in its discretion, reluctantly permitted payment in two equal instalments with a default clause protecting the claimant.

p. 2
02

Whether costs should be awarded and to who

Holding

Each party to bear its own costs, because the application was allowed only reluctantly despite strenuous opposition.

Reasoning

The Adjudicator restated that costs follow the event, but that the principle compensates the successful party rather than penalizing the losing one. Since the application, though opposed strenuously, was allowed reluctantly and on terms different from those sought, the fair outcome was that each party bear its own costs of the application.

p. 3

Legal principles established

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  • Applications for payment of the decretal sum in instalments should be made promptly after judgment, within reasonable time, and not deployed to forestall execution.
  • An instalment application must comply with Rule 27(2)(a-c) of the SCC Rules, including disclosure of the debtor's income, assets and liabilities.
  • Costs follow the event and are compensatory, not penal.

Court orders

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  1. 1.The application dated 16/12/25 is allowed
  2. 2.The decretal sum be paid in 2 equal instalments, the 1st instalment payable on or before 31/1/2026 and the second instalment payable 30 days thereafter
  3. 3.In default of payment of any instalment, the claimant shall be at liberty to execute for any balance thereof
  4. 4.Each party to bear its own costs of the application

The bench

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

FM
F.M. MulamaAdjudicator/RM
majority

Wrote the judgment

Jurisdiction invoked
Rule 27(2)(a-c) of the Small Claims Court Rules (payment of decretal sum in instalments)

Relief refused

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Stay of execution pending payment of instalments as sought (monthly instalments of Kshs.100,000/= over 9 months)

The court found the proposal grossly unreasonable, brought late only after proclamation, and non-compliant with Rule 27(2)(a-c) of the SCC Rules, and instead substituted its own terms of two equal instalments.

p. 2

Costs

Each party to bear its own costs of the application.

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.

The idea behind this provision in the Act was to aid a judgment debtor to pay the decretal sum in portions that he or she will manage without necessarily denying the decree holder the fruits of his judgement and in my view it should be pleaded as soon as the judgement is delivered and not when execution is imminent as it is the case herein.
p. 2Timing of instalment applications
The idea by parties to run to this prayer as soon as they are proclaimed should be frowned upon and this court will not countenance such mischievous applications.
p. 2Abuse of instalment prayers to stall execution
Let the decretal sum be paid in 2 equal instalments with the 1st instalment payable on or before 31/1/2026 and the second instalment payable 30 days thereafter.
p. 3Final orders - instalments granted
That in default of payment of any instalment, the claimant shall be at liberty to execute for any balance thereof.
p. 3Final orders - default clause
Each party to bear its own costs of the application.
p. 3Final orders - costs

Issues in the judgment

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minor

The opposing affidavit is described as sworn on 7/1/2025, which precedes the application dated 16/12/2025; this appears to be a typographical error for 7/1/2026.

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, "Ngure v Two NK Holding Investment Group Limited (Commercial Case E054 of 2025) [2026] SCC 8 (KLR)", Case Analysis (2026). Not stated in the judgment (application dated 16/12/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/8/eng@2026-01-16

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