Nanchang Municipal Engineering Development Group Kenya v Stan Interior Miller (Commercial Case E11629 of 2025) [2026] SCC 218 (KLR)
The bottom line
#A Kenyan court dismissed a Kshs. 286,384 electricity bill claim because the claimant couldn't prove the money was actually owed to them.
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 claimant has proven the claim as against the respondent
Key legal issues
#Whether the claimant proved its claim for Kshs. 286,384/= on a balance of probabilities
The claim failed; the claimant proved the agreement but not that the sum remained outstanding or payable to it
The agreement of 14/11/2024 related to an outstanding KPLC electricity bill on meter account 114012099, registered in the claimant's name, but did not state the sum was payable to the claimant for its own benefit. The respondent produced a KPLC e-bill showing an overpayment of Kshs. 2,964/= and MPESA records of payments to KPLC. The claimant adduced no evidence from KPLC showing the amount remained due or that it had settled the bill and was entitled to reimbursement.
Legal principles established
#- The standard of proof in civil matters is on a balance of probabilities
- He who alleges must prove, as provided in Sections 107 and 108 of the Evidence Act; the burden lies on the claimant to prove its claim
Court orders
#- 1.The claim is dismissed as unmerited
- 2.The sum of Kshs. 100,000/= deposited into the respondent's Advocate-Client Account shall be released to the respondent forthwith
- 3.The respondent is awarded costs of Kshs. 10,000/= payable within 30 days, which period constitutes the stay of execution
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 30 of the Small Claims Act
Relief refused
#Kshs. 286,384/= plus costs and interest
Claimant failed to prove on a balance of probabilities that the disputed sum remains outstanding or payable to it; respondent proved payment directly to KPLC
Costs
The respondent is awarded costs of Kshs. 10,000/= payable within 30 days hereof, which period shall constitute the stay of execution.
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 upshot is that the claim is found to be unmerited and the same is hereby dismissed.
The sum of Kshs. 100,000/= deposited into the respondent’s Advocate-Client Account pursuant to the orders of this court shall be released to the respondent forthwith.
The respondent is awarded costs of Kshs. 10,000/= payable within 30 days hereof, which period shall constitute the stay of execution.
While the claimant proved the existence of the agreement, it did not prove that the disputed sum remains outstanding or that the amount is payable to it notwithstanding the payments made to KPLC.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nanchang Municipal Engineering Development Group Kenya v Stan Interior Miller (Commercial Case E11629 of 2025) [2026] SCC 218 (KLR)", Case Analysis (2026). SCCE11629 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/218/eng@2026-08-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.