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Small ClaimsPartially AllowedNot stated in judgment (claim instituted vide statement of claim dated 9/6/2025)· [2026] SCC 162 (KLR)

Hillebrand Kenya Limited v Wrens Enterprises Limited (Commercial Case E97218 of 2025) [2026] SCC 162 (KLR)

Small Claims Court
17 July 2026
GKGladys W. Kiamah
654 words in judgment
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The bottom line

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A Nairobi Small Claims Court awarded a storage services supplier Kshs. 44,136, crediting the debtor Kshs. 104,519 it had paid to KRA on the claimant's behalf.

What this practically means

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Executive summary

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The claimant, a supplier of storage services, sued for Kshs. 148,655/= representing unpaid invoices raised between November 2023 and September 2024. It relied on an undertaking dated 21/11/2024 to settle the debt in installments of Kshs. 20,000/=, which was never honoured. The respondent admitted engaging the claimant and paying for services but contended it had made overpayments to KRA on the claimant's behalf which were not captured in the statement of accounts. The claim proceeded under Section 30 of the Small Claims Court Act, with the sole issue being whether the claimant had proved its claim on a balance of probabilities. The court held that the burden shifted to the respondent to establish the nature and extent of the alleged payments. A KRA receipt for Kshs. 104,519/= was produced and its authenticity was not disputed, and email correspondence showed the KRA payments were under active discussion; equity therefore required that the respondent be given credit for that sum. No further payments towards the previously admitted debt were established. Judgment was entered for the claimant for Kshs. 44,136.00/= with interest at court rates from the date of judgment, costs of Kshs. 10,000/=, and a 30-day stay of execution for the respondent. Delivered electronically at Nairobi on 17 July 2026 by Hon. Gladys W. Kiamah, Resident Magistrate/Adjudicator.

Key legal issues

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Whether the claimant proved its claim for unpaid invoices on a balance of probabilities

Holding

The claim was partly successful: of the Kshs. 148,655/= claimed, the respondent was given credit for Kshs. 104,519/= paid to KRA on the claimant's behalf, leaving a balance of Kshs. 44,136/= which the respondent did not prove was paid

Reasoning

It was undisputed that storage services were rendered and invoices raised. The respondent asserted the debt was settled through payments to KRA. The burden shifted to the respondent, who produced a KRA receipt for Kshs. 104,519/= that the claimant did not dispute. Equity required crediting that amount. However, no further payments towards the previously admitted debt were established, so judgment was entered for the balance of Kshs. 44,136/=.

p. 2

Legal principles established

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  • A claimant must prove its claim on a balance of probabilities; where a respondent alleges payment/settlement, the burden shifts to the respondent to establish the nature and extent of the alleged payments.
  • He who alleges must prove, as provided for in Sections 107 and 108 of the Small Claims Court Act.

Court orders

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  1. 1.Judgment entered in favor of the claimant as against the respondent for the sum of Kshs. 44,136.00/=
  2. 2.The sum shall attract interest at court rate from the date of judgment till payment in full
  3. 3.The claimant is awarded costs of Kshs. 10,000/=
  4. 4.The respondent is granted a 30-day stay of execution

Authorities

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Legislation

  • Small Claims Court ActSection 30
  • Small Claims Court ActSections 107 and 108

Cases cited (1)

  • Mumbi M'Nabea v David M. Wachira
    [2016] eKLR
Jurisdiction invoked
Section 30 of the Small Claims Court Act (claim proceeded under Section 30 of the SCC 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, "Hillebrand Kenya Limited v Wrens Enterprises Limited (Commercial Case E97218 of 2025) [2026] SCC 162 (KLR)", Case Analysis (2026). Not stated in judgment (claim instituted vide statement of claim dated 9/6/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/162/eng@2026-07-17

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