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Small ClaimsDismissedNot stated in the judgment· [2026] SCC 57 (KLR)

Chesang v Ngetich & another (Commercial Case E036 of 2026) [2026] SCC 57 (KLR)

Magistrates' Court (Adjudicator)
30 June 2026
EME. M. Mutuku
2,496 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Narok farmer who lost Kshs. 990,000 over defective potato seeds lost her case because she sued the wrong parties; the actual merchant behind the platform should have been the target.

What this practically means

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Executive summary

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The Claimant, a potato farmer in Narok South, sued two respondents for Kshs. 990,000.00 comprising special damages, loss of projected yield and consequential loss, alleging that 18 bags of certified potato seed purchased at Kshs. 72,000.00 turned out defective and largely non-germinating, causing 70% crop failure. She pleaded breach of implied conditions of fitness for purpose and merchantable quality under section 16 of the Sale of Goods Act and negligence. The 1st respondent admitted receiving her money and ordering seed from the 2nd respondent's digital platform; the 2nd respondent, an NGO, denied selling seeds, explaining it only hosts licensed merchants whose goods are transported by Viazi Kings. At hearing, the Claimant testified with an agricultural officer who assessed 70% crop loss; KEPHIS reports and meeting minutes established the seed came from the 2nd respondent's platform and originated from Utopian Seeds Company, which had offered 40% compensation. The court found the sourcing proved on a balance of probabilities but held that the 1st respondent acted as agent of a disclosed principal and was not to blame, and that the 2nd respondent, as agent of a disclosed principal (Utopian Ltd), could not be sued. Relying on the Wareheim and Nepro Capital authorities, the court found no cause of action against either respondent, dismissed the claim entirely, and ordered each party to bear their own costs.

Key legal issues

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01

Whether the defective seed was sourced from the 2nd Respondent's platform

Holding

Yes - proved on a balance of probabilities

Reasoning

The court relied on a KEPHIS report dated 17th February 2026 and minutes of a virtual meeting of 24th February 2026 in which the 2nd respondent participated and acknowledged the seed had been bought from its platform, and identified Utopian Seeds Company as the merchant. Together with the 1st respondent's evidence of ordering seeds from the platform, the sourcing was established.

p. 4
02

Liability of the 1st Respondent as supplier

Holding

No liability - he acted as agent of a disclosed principal

Reasoning

The 1st respondent received money from the Claimant and purchased certified seed from the 2nd respondent's platform. The seed was certified by KEPHIS, and the actual merchant was Utopian Ltd. Having acted for a disclosed principal, the 1st respondent bore no blame for the defect or the loss.

p. 4
03

Liability of the 2nd Respondent as platform operator

Holding

No cause of action - it was sued as agent of a disclosed principal

Reasoning

The evidence established a disclosed agent-principal relationship with Utopian Ltd, which had offered 40% compensation. Applying common law principle, an agent of a disclosed principal cannot be sued where there are no factors vitiating the principal's liability.

p. 5

Legal principles established

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  • Where the principal is disclosed, the agent is not to be sued
  • The party desiring a court to give judgment as to a legal right or liability bears the legal and evidential burden of proof on a balance of probabilities

Court orders

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  1. 1.The claim against both Respondents fails and is dismissed
  2. 2.Each party shall bear their own costs
  3. 3.It is so ordered
Jurisdiction invoked
Not expressly stated; matter heard by a Resident Magistrate sitting as Adjudicator

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, "Chesang v Ngetich & another (Commercial Case E036 of 2026) [2026] SCC 57 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/57/eng@2026-06-30

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