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Small ClaimsPartially AllowedSmall Claims Court claim at Bungoma (number not stated in judgment)· [2025] SCC 70 (KLR)

Badalu Workers Agency Limited Limited v Kiboy (Claim E26079 of 2024) [2025] SCC 70 (KLR)

Small Claims Court
30 October 2025
2,406 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan Small Claims Court ordered a respondent to hand over M-PESA statements, confirming that citing the wrong law in an application is not fatal unless it prejudices the other side.

What this practically means

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Executive summary

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This Small Claims Court ruling at Bungoma, delivered by Adjudicator T.O. Omono on 30th October 2025, determines the Claimant's Notice of Motion dated 22nd April 2025 seeking an order compelling the Respondent to produce and serve M-PESA statements for line number 0743377491 covering 1st September 2024 to 30th March 2025. The underlying claim concerns alleged breach of Clause 9 of an Employment Agency Agreement dated 15th July 2024, which barred the Respondent from engaging a named employee within six months of termination. The Claimant argued the documents were material, narrowly scoped, and that the Respondent had herself voluntarily disclosed earlier M-PESA records. The Respondent opposed, contending the application was made too late - after the claim was certified ready for hearing - and that the documents sought fell outside the scope of her defence and counterclaim. The court held the application was grounded on the wrong provisions (sections 18 and 34(4)(e) of the Small Claims Court Act instead of section 22 of the Civil Procedure Act), but Rule 32 of the Small Claims Court Rules saved it from rejection for want of form, following Ryce Motors Ltd v Ruto. On timing, section 22 permits discovery applications at any time, and closing of pleadings is not a bar where hearing has not begun. On relevance, the authorities establish discovery is confined to the matters in contention and cannot be a fishing expedition; the M-PESA statements went to the crux of the claim and counterclaim. The application was allowed with a fourteen-day compliance deadline, failing which the Respondent's Response would stand struck out with costs. Each party was ordered to bear their own costs of the application.

Key legal issues

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01

Effect of grounding a discovery application on the wrong provisions of the law

Holding

The defect was not fatal; under Rule 32 of the Small Claims Court Rules no pleading or document is rejected for want of form, and the court adopted the prejudice test from Ryce Motors Ltd v Jonathan Kiprono Ruto.

Reasoning

The court acknowledged that discovery applications ought to be grounded on section 22 of the Civil Procedure Act, not sections 18 and 34(4)(e) of the Small Claims Court Act. However, Rule 32 of the Small Claims Court Rules disallows rejection of documents for want of form. Relying on Ryce Motors Ltd v Ruto, the court applied the test of whether the Respondent was prejudiced by the faulty drafting, answering in the negative since the Respondent knew clearly the application she faced.

p. 3
02

Whether the discovery application was made too late in the day

Holding

The application was not out of time because section 22 permits discovery applications at any time, and the hearing had not begun though pleadings were closed.

Reasoning

Section 22 of the Civil Procedure Act empowers the court to order discovery at any time, either on its own motion or on a party's application. The discretion is exercised judiciously and depends on the stage the matter has reached. Since the hearing was yet to begin and there is no law disallowing discovery merely because pleadings closed, the Respondent's timeliness objection failed.

p. 4
03

Whether the M-PESA statements sought were relevant and necessary

Holding

The statements were relevant, within the Respondent's exclusive possession, and went to the crux of the claim and counterclaim concerning alleged employment of Damary Nabalayo Okoroi post-termination.

Reasoning

The claim concerned whether the Respondent breached Clause 9 of the Employment Agency Agreement by engaging Damary Nabalayo Okoroi within six months of termination. The Respondent had voluntarily disclosed M-PESA records for July and August 2024, confirming materiality. The documents were within the Respondent's knowledge and possession, and would assist in proving or disproving the Claimant's case for fair and expeditious disposal.

p. 5

Legal principles established

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  • Citation of a wrong order or rule is not necessarily fatal to an application; the test is whether the other party was prejudiced.
  • Under section 22 of the Civil Procedure Act, an application for discovery may be made at any time in the course of proceedings, and closing of pleadings is not a ground to disallow it.
  • Discovery will only be allowed where the documents sought are within the scope of the dispute, and may be refused where it is a fishing expedition.

Court orders

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  1. 1.The Respondent to produce and serve upon the Claimant the M-PESA statements for her line number 0743377491 covering the period 1st September 2024 to 30th March 2025, within fourteen (14) days of the ruling, failing which the Respondent's Response to the Claim and Counterclaim will stand struck out with costs
  2. 2.Each party to bear their costs of the Application
Jurisdiction invoked
Sections 18 and 34(4)(e) of the Small Claims Court Act; Rule 32 of the Small Claims Court Rules; section 22 of the Civil Procedure Act

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, "Badalu Workers Agency Limited Limited v Kiboy (Claim E26079 of 2024) [2025] SCC 70 (KLR)", Case Analysis (2025). Small Claims Court claim at Bungoma (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2025/70/eng@2025-10-30

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