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Small ClaimsAllowedNot stated in the judgment· [2026] SCC 65 (KLR)

Mage v Wanjiru (Commercial Case E1436 of 2025) [2026] SCC 65 (KLR)

Small Claims Court
15 May 2026
TMTheresa N. Mwangeka
663 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This was a ruling of the Small Claims Court at Mombasa on a Notice of Motion dated 28th April 2026 in which the Applicant sought to set aside exparte proceedings of 20th April 2026, reopen the case and cross-examine the Claimant. The Applicant explained her non-attendance on the ground that the matter was mistakenly misdiarized by the advocate on record for 28th April instead of 20th April 2026, supported by a diary extract. The Respondent/Claimant opposed, contending the threshold for setting aside orders had not been met. The court, per Hon. Theresa N. Mwangeka, Resident Magistrate/Adjudicator, held that Section 43 of the Small Claims Court Act confers a discretionary power to set aside orders in the interest of justice. While the court found the hearing date had been confirmed in the presence of all parties on 8th April 2026, doubted that both sides got the date wrong, and observed from the CTS portal that the application was not in fact filed on 28th April 2026 (attributing the discrepancy to a system error), it nevertheless concluded that no valid reason had been presented but that natural justice and Article 50(1) of the Constitution, read with Section 3(3)(b) and Section 43 of the Small Claims Court Act, required the Applicant to have her day in court. Finding no prejudice, the court set aside the orders of 20th April 2026 closing the Respondent's case, reopened the Claimant's case for cross-examination and re-examination, stayed judgment pending full hearing, fixed hearing for 4th June 2026 with no adjournments, and awarded the Respondent/Claimant costs of Kshs. 2,000/-.

Key legal issues

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01

Whether an advocate's misdiarisation of a hearing date justifies setting aside exparte proceedings

Holding

Although the applicant did not present a valid reason and the misdiarisation claim was doubted, the court exercised its discretion in favour of the applicant, allowing her to have her day in court since no prejudice would result.

Reasoning

The court acknowledged the authorities relied on by the Respondent on the sanctity of the trial process and agreed with the legal threshold, noting the applicant had not presented a valid reason. However, guided by natural justice and Article 50(1) of the Constitution read with Section 3(3)(b) and Section 43 of the Small Claims Court Act, the court allowed the applicant to cross-examine the Claimant so the claim could be determined on merit, finding no prejudice would result.

p. 2

Legal principles established

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  • The Small Claims Court has a discretionary power to set aside any of its orders in the interest of justice, guided by natural justice and the right to a hearing under Article 50(1) of the Constitution, provided the integrity of the court process is protected.

Court orders

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  1. 1.The Orders issued 20th April 2026 closing the Respondent's case are set aside
  2. 2.The Claimant's case is re-opened for purposes of cross examination of the Claimant by the Respondent and subsequent re-examination
  3. 3.The judgment in this matter is stayed pending full hearing
  4. 4.Hearing to proceed on 4th June 2026 with no adjournments
  5. 5.The Respondent/Claimant shall have costs of Kshs. 2,000/-

Authorities

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Legislation

  • Small Claims Court ActSection 43
  • Small Claims Court ActSection 3(3)(b)
  • Constitution of Kenya, 2010Article 50(1)

Cases cited (2)

  • Juliana Chepngeno v Robert Muturi Thiongo
    2014 KEHC5233(KLR)
  • Richard Ncharpi Leiyagu v Independent Electoral Boundaries Commission & 2 others
Jurisdiction invoked
Section 43 of the Small Claims Court Act, read with Article 50(1) of the Constitution

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, "Mage v Wanjiru (Commercial Case E1436 of 2025) [2026] SCC 65 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/65/eng@2026-05-15

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