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MagistratePartially Allowed· [2026] KEMC 62 (KLR)

Kenya Women Microfinance Bank PLC v Katumo (Civil Case 179 of 2019) [2026] KEMC 62 (KLR)

Magistrates' Court
10 March 2026
4,059 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that a borrower who cannot disprove a lender's loan statement with documents still owes the claimed debt, even after his vehicle was repossessed.

What this practically means

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Executive summary

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The plaintiff bank sued the defendant on a loan agreement under which it advanced Ksh. 4,870,960/= for the purchase of motor vehicle KCD 880R, claiming Ksh. 1,960,376.88/= as the outstanding balance after repossessing and auctioning the vehicle for Ksh. 3,000,000/=. The defendant admitted the loan and default but denied indebtedness, contending that his payments (Ksh. 1,986,100/=) plus the auction proceeds exceeded the loan, and counter-claimed for general damages for unlawful repossession without notice, an order for true accounts, and a refund of any surplus. The court framed six issues. It held that the plaintiff's loan statement was prima facie evidence of the debt; the defendant did not challenge it in cross-examination nor adduce contrary evidence, and the debt of Ksh. 1,960,376.88/= was proven on a balance of probabilities. On the counter-claim, the court found the chattels mortgage agreement permitted repossession upon default without notice or consent; the defendant knew he was in default, took no steps to redeem the vehicle or stop the sale, and did not challenge the auction or allege an undervalue, making the counter-claim an afterthought. The Barasa authority relied on by the defendant was distinguished. The defendant bore, and failed to discharge, the burden of proving a surplus or false accounts, and the court reiterated that it is not the court's duty to audit parties' accounts. The claim over stock and water tanks was unpleaded and unproven. Judgment was entered for the plaintiff for Ksh. 1,960,376.88/= with interest at court rates from filing suit to judgment/decree; the counter-claim was dismissed with costs to the plaintiff.

Key legal issues

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01

Whether the defendant owed the plaintiff Ksh. 1,960,376.88/=

Holding

Yes, the debt was proven on a balance of probabilities; the unchallenged loan statement was prima facie evidence of the balance owing as at 22/9/2016

Reasoning

The loan statement produced by the plaintiff showed a balance of Ksh. 1,960,376.88/= as at 22/9/2016. The defendant did not challenge its contents in cross-examination or adduce contrary evidence. His Mpesa statement was not disputed or interrogated by the plaintiff, but he failed to demonstrate that the repayments exceeded the loan. The court deprecated the plaintiff's failure to explain its computation but found sufficient material to prove the debt.

p. 6
02

Whether the repossession of the motor vehicle was unlawful

Holding

The repossession was lawful; the chattels mortgage agreement entitled the plaintiff to repossess upon default without notice or consent, and the authorities relied on by the plaintiff supported such clauses

Reasoning

The defendant admitted signing the loan agreement and was aware he was in default. He took no steps to redeem the vehicle or stop the sale after repossession, and the counter-claim was an afterthought. The Barasa authority relied on by the defendant was distinguishable on its circumstances. Any irregularity in the conduct of the auction did not vitiate the right of repossession, and the defendant did not challenge the auction or allege an undervalue.

p. 6
03

Whether the plaintiff owed the defendant any money or should render accounts

Holding

No; the defendant failed to discharge his burden of proving a surplus or that the accounts were false

Reasoning

The loan and bank account statements were served with the plaint and the defendant did not interrogate them in cross-examination or point out any surplus. Both parties wrongly assumed the court would audit their accounts. If the defendant believed the accounts were false, he ought to have adduced evidence to that effect. The claim relating to stock and water tanks was unpleaded and unproven.

p. 6

Legal principles established

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  • A loan statement produced by a lender is prima facie evidence of the amount owed and must be rebutted by contrary evidence from the borrower
  • Payments must be proven by documentary evidence and not just by word of mouth
  • It is not the duty of the court to audit parties' accounts or assist a party in proving its case
  • Interest on a liquidated claim should run from the date of filing suit to the date of judgment

Court orders

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  1. 1.Judgment entered for the plaintiff against the defendant in the sum of Ksh. 1,960,376.88/=
  2. 2.Interest on the award at court rates from the date of filing suit to the date of judgment/decree
  3. 3.The defendant's counter-claim dismissed
  4. 4.The plaintiff awarded costs of the suit and counter-claim
Jurisdiction invoked
Original civil suit on a loan agreement (plaint dated 27/6/2019); no specific constitutional or statutory jurisdictional provision invoked

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, "Kenya Women Microfinance Bank PLC v Katumo (Civil Case 179 of 2019) [2026] KEMC 62 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/62/eng@2026-03-10

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