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Small ClaimsAllowedNot stated in the judgment· [2026] SCC 76 (KLR)

Lumba v Board of Management of Mackinnon Road Girls High School aka Mackinnon Road High School (Commercial Case E174 of 2026) [2026] SCC 76 (KLR)

Small Claims Court
26 June 2026
TMTheresa N. Mwangeka
902 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Mombasa court ruled that a supplier is owed Kshs 549,550, allowed instalment payments, and warned that missing even one instalment triggers immediate enforcement.

What this practically means

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Executive summary

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This Small Claims Court decision at Mombasa, delivered by Hon. Theresa N. Mwangeka, Resident Magistrate/Adjudicator, concerned the balance owed to the Claimant for goods supplied under a tender awarded by the Respondent. The parties were agreed that a tender had been awarded and goods supplied, but disputed the amount: the Claimant claimed Kshs. 549,550/- while the Respondent asserted only Kshs. 340,650/- remained, relying on a handing over report dated 6th May 2024 and a statement dated 10th March 2026, and alleging the Claimant had not proved delivery of some goods and that some invoices contained alterations. The court found for the Claimant, reasoning that the Respondent's principal had, in a commitment letter dated 24th April 2026, formally committed to payment of the full Kshs. 549,550/- and proposed settlement, followed by a further letter of 30th April 2026 proposing repayment of the same debt. That correspondence was not disowned or rebutted and constituted an admission of the debt, superseding the Respondent's earlier documents. Judgment was entered for Kshs. 549,550/- with interest at court rates. On repayment, the court applied section 36(1)(a) of the Small Claims Court Act and the Freight Forwarders principles, and ordered an initial lumpsum of Kshs. 149,550/- by 31st July 2026, with the balance paid in 8 monthly instalments of Kshs. 80,000/- from September 2026, execution to issue on default, and each party bearing their own costs.

Key legal issues

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01

Quantum of the debt owed for goods supplied

Holding

The debt owed is Kshs. 549,550/-, the Respondent's later correspondence admitting that sum superseding its earlier handing over report and statement showing Kshs. 340,650/-.

Reasoning

The Claimant produced delivery notes, invoices, Local Purchase Orders and a response to the demand letter. Critically, the Respondent's principal's commitment letter of 24th April 2026 formally committed to full payment of Kshs. 549,550/- and proposed settlement, and a further letter of 30th April 2026 proposed payment of that same debt. These were unrebuted and stand as an admission. The earlier handing over report of 6th May 2024 and statement of 10th March 2026 were superseded by that correspondence.

p. 1
02

Whether the judgment debt may be paid in instalments

Holding

Yes - the court ordered an initial lumpsum of Kshs. 149,550/- and 8 monthly instalments of Kshs. 80,000/-, with execution on default.

Reasoning

Section 36(1)(a) of the Small Claims Court Act empowers the court to order payment in a lump sum or in instalments without party consent. The Respondent's letters evidenced financial constraints and consistent willingness to settle by instalments, satisfying the Freight Forwarders principles: inability to pay a lump sum, capacity for reasonable monthly instalments, and good faith.

p. 2

Legal principles established

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  • The court may order payment of a judgment debt in a lump sum or in instalments without requiring the parties' consent.
  • Principles for defraying a judgment sum in instalments: inability to pay in a lump sum, ability to pay by reasonable monthly instalments, and the application being made in utmost good faith.

Court orders

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  1. 1.Judgment entered for the Claimant against the Respondent for Kshs. 549,550/-
  2. 2.The judgment debt of Kshs. 549,550/- shall earn interest at court rates from the date hereof
  3. 3.The Respondent to pay an initial lumpsum payment of Kshs. 149,550/- on or before 31st July 2026
  4. 4.The balance of the decretal sum to be defrayed in 8 equal monthly instalments of Kshs. 80,000/- payable on or before the last day of every month beginning September 2026
  5. 5.In default of payment of any one instalment, execution to issue against the Respondent
  6. 6.Each party to bear their own costs
Jurisdiction invoked
Small Claims Court Act, including Section 36(1)(a) on instalment payment of judgment debts

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, "Lumba v Board of Management of Mackinnon Road Girls High School aka Mackinnon Road High School (Commercial Case E174 of 2026) [2026] SCC 76 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/76/eng@2026-06-26

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