Miyare v Stabex International Limited (Cause E125 of 2024) [2025] KEELRC 1744 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent proved its Counterclaim for unaccounted LPG and cylinders despite the Claimant not filing a response
The first limb failed; a Customer Statement showing a deficit of Kshs. 511,450/= did not link the Claimant to the deficit
Although the Counterclaim was undefended, the Respondent bore the burden of proving it on a balance of probabilities. The only evidence was a Customer Statement with a balance column showing a deficit of Kshs. 511,450/=. Beyond that document, the Respondent adduced no evidence connecting the Claimant to the deficit, and therefore failed to prove liability for the loss of the LPG and cylinders.
Whether the Respondent was entitled to the costs awarded in Thika Small Claims Case No. E191 of 2023
Yes; the Decree and Certificate of Stated Costs for Kshs. 17,800/= remained unsatisfied and were not set aside or varied
The Respondent annexed a Decree and Certificate of Stated Costs showing costs of Kshs. 17,800/= assessed in its favour when the Claimant's prior small claims case was struck out. There was no evidence the certificate had been set aside, varied or settled, so that sum was due to the Respondent and the Counterclaim succeeded to that extent.
Legal principles established
#- An undefended claim or counterclaim must still be proved to the requisite standard; non-response does not automatically entitle the claimant to judgment
Court orders
#- 1.Judgment entered in favour of the Claimant for Kshs. 353,333.33 being terminal dues
- 2.Counterclaim partly allowed; Respondent awarded Kshs. 17,800.00 being costs awarded in Thika Small Claims Comm. Case No. E191 of 2023
- 3.The sum of Kshs. 17,800/= set off against the Claimant's award, final award to the Claimant being Kshs. 335,533.33
- 4.Final award to attract interest at court rates from the date of Judgment until payment in full
- 5.Respondent to bear 50% of the taxed costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and the Employment and Labour Relations Court (Procedure) Rules, 2024 (matter determined by consent under Rule 59)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Miyare v Stabex International Limited (Cause E125 of 2024) [2025] KEELRC 1744 (KLR)", Case Analysis (2025). ELRC Cause (Nairobi) — judgment cited as delivered 13th June 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1744/eng@2025-06-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.