Shambi v Mular Credit Limited (Civil Case E102 of 2025) [2026] SCC 16 (KLR)
The bottom line
#A Kenyan lessor recovered unpaid lease arrears but couldn't claim repairs without proof the damage came from misuse of the bike.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the claim has been proved
- 2.Who bears the costs of the claim
Key legal issues
#Whether the claim for six weeks' lease arrears was proved
Proved; interlocutory judgment was entered and the lease agreement and breach of non-payment were established, entitling the claimant to Kshs.15,000/=.
The court was satisfied from the lease agreement that a contract existed for lease of the motor cycle at Kshs.2,500 per week. The respondent filed no response despite service, and interlocutory judgment was entered. In the absence of any explanation from the respondent, breach of the payment obligation was found and the arrears of six weeks awarded.
Whether the claim for repair costs of Kshs.10,944/= was proved
Not proved; dismissed in toto for failure to demonstrate misuse.
The lease agreement made regular maintenance the responsibility of the lessor unless damage was due to misuse. The burden was thus on the claimant to prove misuse. The court found no evidence of misuse pleaded or proved, and could not determine whether the damage was actual misuse or normal wear and tear, so the repair claim failed.
Who bears the costs of the claim
The claimant, being the successful party, was awarded costs.
Applying the principle that costs follow the event, the successful claimant received costs of the claim.
Legal principles established
#- Where a lease agreement places the duty of regular maintenance on the lessor, the lessor bears the burden of proving misuse before shifting the obligation to repair to the lessee
- Costs follow the event
Court orders
#- 1.The claim contained in the statement of claim dated 17th December 2025 is allowed in the sum of Kshs.15,000/= together with costs and interest at court rates
- 2.The claim for repairs is dismissed in toto
- 3.The interest to be calculated from date of filing the claim until payment in full
- 4.The file be and is hereby closed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Small Claims Court jurisdiction over the claim (specific statutory provision not stated in the judgment)
Relief refused
#Claim for repair costs of Kshs.10,944/= for alleged misuse of the motor cycle
No evidence of misuse; the lease agreement placed regular maintenance on the lessor and the claimant failed to prove the damage resulted from misuse
Costs
Costs of the claim awarded to the claimant, the claimant being successful and costs following the event
Quotable passages
#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 claim contained in the statement of claim dated 17th December 2025 is allowed in the sum of Kshs.15,000/= together with costs and interest at court rates. The claim for repairs is dismissed in toto.
I have combed through the pleadings and the documents filed and I have not seen any evidence suggesting that the respondent misused the motor cycle and no instances of misuse have been demonstrated so as to apportion liability in terms of the provision of the agreement aforementioned.
for the claimant to rely on the issue of misuse, she must lead evidence to show that indeed the damages were as a result of misuse in order to lay the claim as she had the duty to conduct regular maintenance and the obligation only shifted to the respondent in the event of a misuse.
The interest to be calculated from date of filing the claim until payment in full.
Issues in the judgment
#The judgment records breach of the agreement on 28th October 2025 and filing of a statement of claim dated 17th December 2025, but also records interlocutory judgment on 8/1/2026 and delivery on 4th February 2026; the case number and full case title are not stated in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shambi v Mular Credit Limited (Civil Case E102 of 2025) [2026] SCC 16 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/16/eng@2026-02-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.