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MagistratePartially AllowedCivil Case No E051 of 2025· [2026] KEMC 630 (KLR)

Wanyonyi v Namasaka (Civil Case E051 of 2025) [2026] KEMC 630 (KLR)

Magistrates' Court at Bungoma
19 February 2026
2,037 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Bungoma court cut a Kshs. 80,000/= debt claim to Kshs. 60,000/=, ruling the lender had quietly received Kshs. 20,000/= in partial repayment.

What this practically means

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Executive summary

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The Plaintiff sued for repayment of a friendly loan of Kshs. 80,000/= advanced to the Defendant under an undated agreement providing for repayment in equal monthly installments of Kshs. 10,000/=. The Defendant, in a statement of admission, acknowledged the loan but claimed to have repaid Kshs. 20,000/= through police officers at Chwele, proposing to settle the balance of Kshs. 60,000/= in tiny installments. On 06th March 2025 the court entered judgment on admission for Kshs. 60,000/= and fixed the suit for hearing only on the disputed Kshs. 20,000/=. At trial, the Plaintiff's testimony shifted repeatedly on how much was owed and on whether she had received payments through IP Kemunto and PW2, a police officer who testified she received Kshs. 6,000/= from the Defendant and passed it to the Plaintiff. Guided by authority on repugnant and inconsistent statements, and having observed the Plaintiff's demeanour, the court found she was simply dishonest about receiving the Kshs. 20,000/= and held the Defendant owed only Kshs. 60,000/=. The Defendant's proposal to pay Kshs. 1,000/= (later Kshs. 500/=) monthly was rejected as unreasonable; although she did not strictly satisfy the Rajabali Alidina conditions for installment payment, the court ordered installments of Kshs. 10,000/= per month as per the loan agreement, with liberty to execute in full on default. Interest was refused because the loan agreement contained no interest clause and the court cannot rewrite parties' agreements. Judgment was entered for Kshs. 60,000/= payable in monthly installments of Kshs. 10,000/= beginning 28th February 2026, with costs of Kshs. 10,000/= to the Plaintiff.

Key legal issues

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01

Whether the Defendant owed Kshs. 80,000/= or only Kshs. 60,000/=

Holding

The Defendant owed only Kshs. 60,000/=; the Plaintiff dishonestly denied receiving Kshs. 20,000/= in partial settlement conveyed through IP Kemunto and PW2

Reasoning

The Plaintiff's testimony shifted repeatedly on how much was owed and whether she had received payments. Guided by the authority on repugnant and inconsistent statements, and having observed her demeanour and noted she remembered the circumstances well, the court attributed the inconsistencies to dishonesty rather than carelessness or uncertain memory. PW2 testified credibly that she passed on Kshs. 6,000/= received from the Defendant towards the debt.

p. 4
02

Whether payment should be made by installments

Holding

The court ordered installments of Kshs. 10,000/= per month, notwithstanding that the Defendant had not strictly satisfied the Rajabali Alidina conditions, because the loan agreement itself showed she had voluntarily committed to such installments

Reasoning

The Defendant's own proposal of Kshs. 1,000/= (later Kshs. 500/=) monthly was unreasonable. Although she led no credible evidence on her financial position and had not paid anything since suit was filed, the court took judicial notice of the harsh economic times and relied on the loan agreement in which she had voluntarily committed to monthly installments of Kshs. 10,000/= as proof of her capacity. Default entitles the Plaintiff to execute for the full sum.

p. 5
03

Whether interest should be levied on the debt

Holding

No interest awarded; the loan agreement contained no interest clause

Reasoning

The court perused the undated loan agreement and found it contained no clause on interest. Applying the general rule that a court cannot rewrite agreements voluntarily executed by parties, it declined to imply an interest obligation the parties never agreed to.

p. 5
04

Who should bear the costs of the suit

Holding

The Defendant to pay the Plaintiff's costs, assessed at Kshs. 10,000/=

Reasoning

The suit was filed only because the Defendant failed to honour the loan agreement; had she honoured it or settled out of court, the Plaintiff would not have incurred litigation expenses. It was therefore just and fair that the Defendant pay reasonable costs, which the court quantified at Kshs. 10,000/=.

p. 6

Legal principles established

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  • A witness who makes inconsistent and repugnant statements is untrustworthy, whether through carelessness, uncertain memory or dishonesty
  • The court's discretion under Order 21 Rule 12(2) of the Civil Procedure Rules to order payment by installments must be exercised judiciously, considering the circumstances of the debt, the debtor's conduct, financial position and bona fides
  • A court cannot rewrite agreements voluntarily executed by parties; absent an interest clause, no contractual interest may be awarded

Court orders

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  1. 1.Judgment entered against the Defendant for the sum of Kshs. 60,000/=
  2. 2.The Defendant ordered to settle the sum through equal monthly installments of Kshs. 10,000/=, the first due on 28th February 2026 and the remaining installments on or before the last date of the succeeding months until full payment
  3. 3.In the event of default in any installment, the Plaintiff at liberty to commence execution proceedings for recovery of the outstanding sum in full
  4. 4.Costs of the suit awarded to the Plaintiff, assessed at Kshs. 10,000/=
  5. 5.The Certificate of Costs and Decree to issue upon payment of the requisite court fees
  6. 6.The file closed

Authorities

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Legislation

  • Civil Procedure Rules, 2010Order 11
  • Civil Procedure Rules, 2010Order 21 Rule 12(2)

Cases cited (5)

  • M’Ituamka M’Marambei (Suing as the legal representative of the Estate of Peter Miriti v Board of Management - Miathene High School
    [2020] eKLR
  • Larkin vs. Nassau Electric R. R. Co.
    98 N.E 465 (N.Y., 1912)
  • Rajabali Alidina v Remtulla Alidina & Another
    (1961) EA 565
  • Awuonda v Kenya Commercial Bank Limited
    (2023) eKLR
  • Morjaria v Patel
    (Civil Case 153 of 2018) [2025] KEHC 2930 (KLR)
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court over the money claim under the Civil Procedure Act and Civil Procedure Rules; not expressly stated in the judgment

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, "Wanyonyi v Namasaka (Civil Case E051 of 2025) [2026] KEMC 630 (KLR)", Case Analysis (2026). Civil Case No E051 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/630/eng@2026-02-19

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