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Small ClaimsAllowedSmall Claims Court case, statement of claim dated 25/11/2025 (number not stated)

Raisons Distributors Limited v My Dukani Investment Limited (Commercial Case E083 of 2025) [2026] SCC 14 (KLR)

Small Claims Court
9 February 2026
FMF.M. Mulama
586 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 ruled that a supplier's invoices and account statements proved the full debt because the buyer offered no evidence to challenge them.

What this practically means

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Executive summary

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The claimant, a supplier of goods on credit, sued the respondent at the Voi Small Claims Court for an outstanding balance of Kshs.369,196/=, supported by statements of accounts and invoices. The respondent filed a response admitting liability only to the extent of Kshs.189,672/=, an amount said to have fallen due following a cheque that bounced in October 2025. Judgment on admission for the admitted sum was entered on 2/2/2026, leaving Kshs.179,524/= for determination. The Adjudicator framed two issues: whether the balance of Kshs.179,524/= had been proved, and who should bear costs. On the evidence, the respondent did not comment on the invoices or statement of accounts, nor demonstrate any inaccuracy in the claimant's computation, and produced no evidence to support his assertion that only Kshs.189,672/= was due. Relying on section 107 of the Evidence Act, the court held that he who alleges must prove, that the burden lay on the respondent to justify his lower figure, and that the respondent had not discharged that burden. The claimant having proved the claim to the required standard, the full balance stood established. On costs, the successful claimant was awarded costs. The court allowed the claim as pleaded in the sum of Kshs.369,196/= and awarded the claimant costs and interest accruing from the date of filing until payment in full. Judgment was delivered at Voi on 9th February 2026 by F.M. Mulama, Adjudicator/RM, Mr. Mutwiri appearing for the claimant and the respondent absent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the claim for Kshs.179,524/= has been proved
  2. 2.Who bears costs of the claim

Key legal issues

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01

Whether the claim for Kshs.179,524/= was proved

Holding

The claimant proved the full balance on the strength of invoices and statements of account, which the respondent did not challenge or rebut with evidence.

Reasoning

The respondent admitted only Kshs.189,672/= (attributable to a bounced cheque) without commenting on the invoices or statement of accounts. The court held that a party asserting a lower amount bears the burden of proving it. As the respondent failed to discharge the burden under section 107 of the Evidence Act, the claimant's computation stood unchallenged and the balance was proved.

p. 2
02

Who bears costs of the claim

Holding

Costs were awarded to the claimant as the successful party.

Reasoning

Applying the ordinary principle that costs follow the event, the court found that the claimant having succeeded in establishing the claim was entitled to costs, with interest from the date of filing until payment in full.

p. 2

Legal principles established

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  • A party who denies an account with no evidence must prove his own asserted computation; he who alleges must prove.

Court orders

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  1. 1.The claimant's claim contained in the statement of claim dated 25/11/2025 is allowed in the sum of Kshs.369,196/= as pleaded
  2. 2.Costs and interests are awarded to the claimant; interest to accrue from the date of filing until payment in full

The bench

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One judgment of the whole court — no separate or dissenting opinions.

FM
F.M. MulamaAdjudicator
majority

Wrote the judgment

Jurisdiction invoked
Small Claims Court Act (original civil claim within the court's pecuniary jurisdiction; specific provision not cited)

Quotable passages

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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 claimant’s claim contained in the statement of claim dated 25/11/2025 is allowed in the sum of Kshs.369,196/= as pleaded.
p. 2final orders - decretal amount
Costs and interests are awarded to the claimant. Interest to accrue from the date of filing until payment in full.
p. 2final orders - costs and interest
Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.
p. 2burden of proof - section 107 Evidence Act
The respondent has not in any way demonstrated how inaccurate the computation by the claimant is or challenge any of the entries.
p. 2failure to rebut documentary evidence

Issues in the judgment

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minor

The parties are not named anywhere in the judgment; the case number is also not stated, making the brief difficult to match to a registry entry.

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, "Raisons Distributors Limited v My Dukani Investment Limited (Commercial Case E083 of 2025) [2026] SCC 14 (KLR)", Case Analysis (2026). Small Claims Court case, statement of claim dated 25/11/2025 (number not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/14/eng@2026-02-09

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