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Small ClaimsPartially AllowedNot stated in the judgment as provided· [2026] SCC 60 (KLR)

Ombui v Obura (Commercial Case E8698 of 2024) [2026] SCC 60 (KLR)

Small Claims Court
3 July 2026
GKGLADYS W. KIAMAH
200 words in judgment
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The bottom line

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A Nairobi Small Claims Court awarded a lender Kshs. 120,000 after the borrower ignored the claim, because a written agreement and acknowledgement messages proved the debt.

What this practically means

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Executive summary

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The claimant sued by statement of claim dated 24/5/2024 seeking Kshs. 120,000 plus interest and Kshs. 30,000 in legal fees, on the basis that on 29/3/2023 he loaned the respondent Kshs. 120,000 repayable on 15/5/2023, and that the respondent failed to refund the sum. The respondent, despite being served, filed no response, so the claim went in undefended. The adjudicator found the claimant's averments uncontested and held the claim sufficiently proven by the written agreement between the parties and by correspondence in which the respondent acknowledged the debt. The court concluded the claim was merited and entered judgment for the claimant against the respondent for Kshs. 120,000 plus interest at court rate from the date of judgment until payment in full. The claimant was awarded costs of Kshs. 12,000. The respondent was granted a 30-day stay of execution. Notably, the specific sum of Kshs. 30,000 pleaded as legal fees was not awarded in the final orders; the only costs award was the Kshs. 12,000. The judgment was delivered at Nairobi via CTS on 3 July 2026 by Hon. Gladys W. Kiamah, Resident Magistrate/Adjudicator. No authorities or statutes were cited in the brief judgment.

Key legal issues

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01

Proof of an uncontested debt claim

Holding

The claim was proven by the written agreement and correspondence in which the respondent acknowledged the debt, entitling the claimant to judgment

Reasoning

The claimant pleaded a loan of Kshs. 120,000 made on 29/3/2023 and repayable on 15/5/2023. The respondent, though served, filed no response. The court held the averments uncontested and found the agreement and correspondence proving the debt and the respondent's acknowledgement of it sufficient to establish liability.

p. 1

Legal principles established

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  • Where a claim is served and unanswered, the claimant's averments stand uncontested and may ground judgment if proven by documentary evidence

Court orders

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  1. 1.Judgment entered in favour of the claimant against the respondent for Kshs. 120,000.00 plus interest at court rate from the date of judgment till payment in full
  2. 2.Claimant awarded costs of Kshs. 12,000
  3. 3.Respondent granted 30 days stay of execution
Jurisdiction invoked
Small Claims Court Act (adjudicator's original jurisdiction over a money claim); not expressly stated in the judgment

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, "Ombui v Obura (Commercial Case E8698 of 2024) [2026] SCC 60 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/60/eng@2026-07-03

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