Kazungu v Musyoki (Commercial Case E072 of 2025) [2026] SCC 12 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the claimant proved on a balance of probabilities that the respondent owes her Kshs.171,500/= advanced for purchase of a motor vehicle
- 2.Whether the respondent's defence (that the money was a gift) was established
Key legal issues
#Proof of the debt on a balance of probabilities
The claimant proved the claim against the respondent
The court noted the certificate of service showing due service, evidence that the amount was deposited with Khushi motors, and the absence of any evidence to the contrary from the respondent, who despite filing a response did not appear at the hearing. On a balance of probabilities the claim was proved.
Weight of an unproven defence
The defence was a mere denial with no evidential backing
The respondent alleged the money was a gift from a girlfriend and that she later demanded a refund, but he did not appear at the hearing despite service and offered no evidence to support his allegations. An unsupported denial cannot defeat a claim proved on a balance of probabilities.
Legal principles established
#- A party who alleges a defence must adduce evidence to support it; a mere denial without evidence cannot displace a claim proved on a balance of probabilities
Court orders
#- 1.The claim contained in the statement of claim dated 27th October 2024 is allowed in the sum of Kshs.171,500/= together with costs and interest at court rates
- 2.Interest to be calculated from date of filing the claim until payment in full
- 3.The file be and is hereby closed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Small Claims Court jurisdiction over money claims (claim for Kshs.171,500)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The claim contained in the statement of claim dated 27th October 2024 is allowed in the sum of Kshs.171,500/= together with costs and interest at court rates.
The interest to be calculated from date of filing the claim until payment in full.
on a balance of probabilities the claimant has proved the claim against the respondent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kazungu v Musyoki (Commercial Case E072 of 2025) [2026] SCC 12 (KLR)", Case Analysis (2026). Statement of claim dated 27th October 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/12/eng@2026-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.