REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT KITALE COMMERCIAL CASE NO. E088 OF 2024 FAULU MICROFINANCE BANK LIMITED………………………... ……................................................................................................. .........................................................CLAIMANT VERSUS REHEMA CHEROTICH ISMAEL KAMAU………………………………………………………………………………………… ……………………………………….RESPONDENT JUDGMENT 1. The Claimant filed moved this court vide a Statement of Claim dated 31st May 2024 praying for judgment against the Respondent for: a) Judgment in the sum of Kshs. 197,210.98/= b) Cost of the claim c) Interest from the date of filing 2. The Claimant averred that on or about 23 rd April 2021, he advanced a loan of Kshs. 400,000/= to the Respondent at an interest rate of Kshs. 32.51% per annum that was to be repaid within 18 months of repayment. The Respondent allegedly defaulted on the payments making the amount due to the Claimant to be Kshs. 197,210.98/= as at 28th October 2022 hence this claim. 3. The Respondent neither entered appearance nor filed a Response to the Claim despite having been duly served. Judgment in default of appearance was consequently entered against the Respondent on 01 st August 2024. Kitale SCC CC. No. E088 of 2024 Page 1 of 3 Judgment
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4. In the circumstances this claim proceeded as an undefended claim and by way of sec. 30 of the Small Claims Court Act. Issues for Determination 5. The Claimant’s pleadings and documents have been duly considered by this court. The only issue for determination is whether the Claimant proved their claim to the required standards. 6. The Claimant placed before this court a Loan Application Form (undated) signed by the Respondent and received by the Claimant on 20th April 2021, a Loan Statement Form dated 11 th March 2024, and the Demand Letter dated 27th March 2024. 7. In the absence of contrary evidence to controvert the contents of the documents above placed before this court by the Claimant, this court finds no reason to disbelieve the Claimant’s averments in the Statement of Claim filed herein. 8. It is the law in this jurisdiction that parties must be bound by the terms of an agreement that they execute unless coercion, fraud or undue influence are pleaded and proved (see Pius Kimaiyo Langat vs. Cooperative Bank of Kenya Ltd (2017) eKLR). Therefore, the Respondent must honour an agreement she voluntarily executed. DISPOSITION 9. The upshot of the foregoing is that: a) Judgment is entered against the Respondents jointly and severally for the sum of Kshs. 197,210.98/= b) The sum of Kshs. 197,210.98/= shall earn interest at court rate from the date of filing this claim until payment in full c) The costs due to the Claimant are assessed at Kshs. 30,000/= 10. Judgment accordingly. 11. Decree and Certificate of Costs to issue forthwith. Kitale SCC CC. No. E088 of 2024 Page 2 of 3 Judgment
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Signed and dated at Kitale this 15th day of September 2024 T.O. OMONO ADJUDICATOR Read, signed, and delivered in open court at Kitale this 16th day of September 2024 …………………. ADJUDICATOR In the presence of: Kitale SCC CC. No. E088 of 2024 Page 3 of 3 Judgment
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