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Small ClaimsAllowedNot stated in judgment· [2026] SCC 166 (KLR)
Ocharo v Motor Consult Services Ltd (Claim E99834 of 2025) [2026] SCC 166 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The claimant sued before the Small Claims Court at Nairobi under Section 30 of the Small Claims Court Act, seeking Kshs. 700,000/= being the outstanding balance of the agreed Kshs. 1 million purchase price for motor vehicle KBR 791N, the respondent having paid a deposit of Kshs. 300,000/=. The respondent admitted the purchase and the deposit but averred that the balance had been fully paid, leaving no pending amount. The claimant filed submissions dated 26/1/2026; the respondent filed none. The adjudicator framed the sole issue as whether the balance of Kshs. 700,000/= remained pending. Applying the civil standard of proof on a balance of probabilities, as stated by the Court of Appeal in Mumbi M'Nabea v David M. Wachira [2016] eKLR, and Sections 107, 108 and 109 of the Evidence Act, the court held that the party alleging payment bore the burden of proving it. Although the respondent claimed the balance was cleared on 31/3/2025 as required by the agreement dated 7/3/2025, no receipts, bank records, acknowledgments or other proof of payment were produced. The allegation of payment therefore failed, and the balance of Kshs. 700,000/= was found proven and the claim merited. Judgment was entered for the claimant for Kshs. 700,000/=, with interest at court rate from the date of judgment until payment in full, costs assessed at Kshs. 50,000/=, and a 30-day stay of execution granted to the respondent. Delivered at Nairobi via CTS on 17 July 2026 by Hon. Gladys W. Kiamah, Resident Magistrate/Adjudicator.
Key legal issues
#01
Whether the respondent proved payment of the outstanding balance of Kshs. 700,000/= for motor vehicle KBR 791N
Holding
The claim succeeded; the respondent failed to prove payment and judgment was entered for Kshs. 700,000/= with interest and costs.
Reasoning
It was common ground that the vehicle was sold for Kshs. 1 million with a deposit of Kshs. 300,000/= and the agreement dated 7/3/2025 required payment of the balance by 31/3/2025. The respondent asserted the balance was cleared on 31/3/2025 but, bearing the burden under Sections 107-109 of the Evidence Act and the civil standard on a balance of probabilities, produced no receipts, bank records or acknowledgments. The payment allegation therefore failed and the balance was deemed proven.
p. 2
Legal principles established
#- The standard of proof in civil claims is on a balance of probabilities.
- The burden of proof of a fact lies on the person who wishes the court to believe in its existence.
Court orders
#- 1.Judgment is hereby entered in favour of the claimant as against the respondent for the sum of Kshs. 700,000/=.
- 2.The amount shall attract interest at court rate from the date of judgment till payment in full.
- 3.The claimant is awarded costs of the claim assessed at Kshs. 50,000/=.
- 4.The respondent is granted 30 days stay of execution.
- Jurisdiction invoked
- Section 30 of The Small Claims Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ocharo v Motor Consult Services Ltd (Claim E99834 of 2025) [2026] SCC 166 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/166/eng@2026-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.