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Small ClaimsPartially AllowedNot stated in the judgment· [2026] SCC 66 (KLR)

Simon v River Annex Ltd (Commercial Case E5523 of 2025) [2026] SCC 66 (KLR)

Small Claims Court
3 July 2026
GKGladys W. Kiamah
1,046 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nairobi Small Claims Court awarded only the provable lease arrears, dismissing larger claims that lacked receipts and documentary evidence.

What this practically means

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Executive summary

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The claimant leased her motor vehicle KCE 463L to the respondent under a lease agreement dated 19/9/2025 at a monthly rate of Kshs. 45,000/=. She sued for Kshs. 260,560/= comprising arrears of Kshs. 31,060/= for September and October, reimbursement of Kshs. 44,500/= for unauthorized modifications, Kshs. 15,000/= for a damaged windscreen, Kshs. 65,000/= in tracking and investigation expenses after the respondent refused to avail the vehicle for tracker installation, and Kshs. 60,000/= in lost rental income after he retained the vehicle following termination by notice dated 6/10/2025. She also sought return of the vehicle, general damages, costs and interest. The respondent pleaded that the rate was Kshs. 35,000/= per month and duly paid, that deductions in November covered repairs, that the windscreen damage was repaired through Monarch Insurance, and that he returned the vehicle and executed a Motor Vehicle Handover Agreement on 16/12/2025, discharging his obligations. The matter proceeded under Section 30 of the Small Claims Act on written submissions. The Adjudicator found the arrears of Kshs. 31,060/= sufficiently proven since the lease agreement showed a monthly fee of Kshs. 45,000/= while payments of Kshs. 35,000/= and Kshs. 23,940/= were made. The remaining heads, being special damages requiring strict proof, failed for want of receipts, invoices or other documentary evidence. Judgment was entered for the claimant for Kshs. 31,060/= with interest at court rate from the date of judgment, costs of Kshs. 5,000/=, and a 30-day stay of execution was granted to the respondent.

Key legal issues

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01

Whether the claimant proved the arrears of monthly lease payments

Holding

Proven - the lease agreement showed Kshs. 45,000/= monthly while the respondent paid Kshs. 35,000/= and Kshs. 23,940/= in two months

Reasoning

The court considered the pleadings and record, noting the lease agreement indicated a monthly fee of Kshs. 45,000/= but the respondent paid Kshs. 35,000/= for one month and Kshs. 23,940/= for another, corroborated by correspondence. The respondent's assertion of a Kshs. 35,000/= rate was unsupported, so the balance of Kshs. 31,060/= was sufficiently proven.

p. 2
02

Whether the heads of claim constituting special damages were strictly proved

Holding

Not proved - lacking documentary evidence such as receipts, invoices and payment records

Reasoning

The claims for tracking/investigation expenses, unauthorized modifications, windscreen replacement and lost rental income were not supported by documentary evidence. As special damages, they had to be specifically pleaded and strictly proved; mere allegations however plausible are insufficient, and the claimant bore the burden of proving each head to the required standard.

p. 2

Legal principles established

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  • The standard of proof in civil claims is on a balance of probabilities
  • Special damages must be specifically pleaded and strictly proved
  • The burden of proof of a fact lies on the person who wishes the court to believe in its existence

Court orders

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  1. 1.Judgment entered in favour of the claimant as against the respondent for the sum of Kshs. 31,060/= plus interest at court rate from the date of judgment till payment in full
  2. 2.The claimant is awarded costs of Kshs. 5,000/=
  3. 3.The respondent is awarded 30 days stay of execution

Authorities

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Legislation

  • Small Claims ActSection 30
  • Evidence Act, Chapter 80 of the Laws of KenyaSections 107, 108 and 109

Cases cited (2)

  • Mumbi M'Nabea v David M. Wachira
    [2016] eKLR
  • Palace Investment Ltd v Geofirey Kariuki Mwenda & Another
    [2015] eKLR
Jurisdiction invoked
Section 30 of the Small Claims Act

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, "Simon v River Annex Ltd (Commercial Case E5523 of 2025) [2026] SCC 66 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/66/eng@2026-07-03

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