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Small ClaimsAllowed· [2026] SCC 49 (KLR)
Ruaraka Auto Garage v Directline Assurance Company Ltd (Commercial Case E106516 of 2025) [2026] SCC 49 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Nairobi Small Claims Court ruled an insurer must pay a garage Kshs. 136,880 for authorised vehicle repairs because a bare denial without evidence simply isn't enough.
What this practically means
#Executive summary
#The claimant, a vehicle repairer, sued for Kshs. 136,880/= being unpaid repair costs for motor vehicle KDM 337X. The claimant averred that on 24/5/2024 the respondent, an insurer, authorized repairs of the insured's vehicle at that cost, but failed to settle the invoice despite completion of the repairs and release of the vehicle to the insured. The respondent filed a response dated 2/2/2026 denying all allegations. The matter proceeded under Section 30 of the Small Claims Act, with only the claimant filing submissions. The court framed a single issue: whether the outstanding sum of Kshs. 136,880/= was proven. Relying on the balance-of-probabilities standard and Sections 107, 108 and 109 of the Evidence Act, the court noted that the respondent's letter of 30/4/2024 authorized the repairs and called for an invoice supported by a satisfaction note and release letter for payment within 30 days. The claimant produced the satisfaction note and a demand for payment, with no indication of payment having been made. The respondent merely denied the claim without filing witness statements explaining the non-payment. The court found the claim proven to the required standard and entered judgment for the claimant for Kshs. 136,880/=, awarded costs of Kshs. 15,000/=, and granted the respondent 30 days' stay of execution. Judgment was delivered at Nairobi via CTS on 26th June 2026 by Hon. Gladys W. Kiamah, Resident Magistrate/Adjudicator.
Key legal issues
#01
Whether the outstanding sum of Kshs. 136,880/= was proven
Holding
The claimant proved the claim to the required standard on a balance of probabilities
Reasoning
The respondent authorized repairs vide letter dated 30/4/2024 calling for an invoice with a satisfaction note and release letter. The claimant produced the satisfaction note and demand for payment, with no indication of payment. The respondent merely denied the claim without filing witness statements explaining non-payment. The court found the claim proven.
p. 2
Legal principles established
#- The standard of proof in civil claims is on a balance of probabilities
- The burden of proof of a fact lies on the person who wishes the court to believe in its existence
Court orders
#- 1.Judgment entered in favour of the claimant against the respondent for the sum of Kshs. 136,880.00/=
- 2.The claimant is awarded costs of Kshs. 15,000/=
- 3.The respondent is awarded 30 days stay of execution
- Jurisdiction invoked
- Small Claims Act, Section 30 (matter proceeded under Section 30 of the Small Claims Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ruaraka Auto Garage v Directline Assurance Company Ltd (Commercial Case E106516 of 2025) [2026] SCC 49 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/49/eng@2026-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.