Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Small ClaimsAllowedStatement of claim dated 12th March 2026

Lengube v Mbwagwa (Commercial Case E027 of 2026) [2026] SCC 30 (KLR)

Small Claims Court
15 May 2026
FMF.M. Mulama
619 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan Small Claims Court awarded a homeowner Kshs.473,680 from a contractor who failed to finish her house, showing unpaid evidence like bank slips and a bill of quantities can win.

What this practically means

#

Executive summary

#
The claimant entered into a construction agreement dated 4/8/2025 with the respondent for construction of a one-bedroomed house at a contract price of Kshs.984,160. By 16/10/2025 she had paid Kshs.902,160, evidenced by Equity Bank banking slips. The respondent undertook under an agreement to complete the works within 4 weeks of 5/8/2025, acknowledged that works were pending, and failed to complete them despite several notices and opportunities to remedy the default. The claimant engaged another valuer whose bill of quantities assessed the cost of completing the pending works at Kshs.473,680, which she claimed as a refund, having been forced to engage another contractor. The claim was unopposed. The court framed two issues: whether the claim was proved, and who bears the costs. Holding that there were two bills of quantities - one for the entire works and one for the pending works - and that the respondent had signed an agreement acknowledging unfinished works and undertaking completion within four weeks, the court found the quantum pleaded with certainty and, in the absence of any contrary valuation, allowed the claim in full in the sum of Kshs.473,680. Applying the principle that costs follow the event, costs were awarded to the claimant. The file was closed.

Questions the Court framed

#

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

  1. 1.Whether the claim has been proved.
  2. 2.Who bears the costs of the claim.

Key legal issues

#
01

Whether the claim of Kshs.473,680 for uncompleted construction works was proved

Holding

The claim was proved to the required standard on the unopposed evidence, including a bill of quantities quantifying the cost of completing pending works.

Reasoning

The parties executed an agreement in which the respondent acknowledged pending works and undertook to complete within 4 weeks, which he failed to do. The claimant obtained a bill of quantities from Pro Builders allocating specific costs to each item of the pending works. The court was satisfied the amount was pleaded with certainty, and in the absence of any contrary valuation, allowed the claim in full.

p. 2

Legal principles established

#
  • Costs follow the event, and a successful claimant is awarded costs.

Court orders

#
  1. 1.The claim contained in the statement of claim dated 12th March 2026 is allowed in the sum of Kshs.473,680/=
  2. 2.Costs are awarded to the claimant
  3. 3.The file be and is hereby closed

The bench

#

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 jurisdiction of the Small Claims Court at Voi)

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 12th March 2026 is allowed in the sum of Kshs.473,680/=. Costs are awarded to the claimant.
p. 2disposition
I thus agree with the claimant in terms of what she claims from the respondent in the absence of any valuation to the contrary.
p. 2proof of quantum

Issues in the judgment

#
minor

The cause number of the claim is not stated; only the date of the statement of claim (12/3/2026) is given.

minor

The judgment contains a typographical error in the date ('as t 16/10/2025' for 'as at 16/10/2025').

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Lengube v Mbwagwa (Commercial Case E027 of 2026) [2026] SCC 30 (KLR)", Case Analysis (2026). Statement of claim dated 12th March 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/30/eng@2026-05-15

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