Kosgei v Kerich (Commercial Case E438 of 2026) [2026] SCC 182 (KLR)
The bottom line
#An Eldoret court ordered an employment placement agency to refund Ksh 250,000 because it could not prove how a jobseeker's money was spent.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant is entitled to a refund of Ksh 250,000/-
Yes - the claimant proved his case on a balance of probability; only Ksh 160,000/- was admitted under the MOU, leaving the balance of Ksh 250,000/- after the Ksh 100,000/- paid
The payment of Ksh 350,000/- was undisputed. The respondent relied on an unsigned engagement document and an MOU covering only Ksh 160,000/-, but filed no proof of the disbursements said to reduce the refund. The burden of proving how the Ksh 190,000/- difference was used lay on the respondent, who failed to discharge it, so the claimant was owed the balance of Ksh 250,000/-
Effect of the MOU dated 24th December, 2025
The MOU bound the claimant as to the Ksh 160,000/- refund plan and receipt of Ksh 100,000/-, but it contained no clause permitting deductions for disbursements
Both parties confirmed signing the MOU, which admitted Ksh 160,000/- as held for travel expenses and Ksh 60,000/- payable later. It contained no clause for deduction of disbursements or forfeiture of the initial amount on default, so the respondent could not rely on undocumented medical/biometric expenses
Legal principles established
#- He who alleges must prove; the burden shifted to the respondent to show how the money was utilized
- Where no executed agreement governs the parties' obligations, the court decides on the balance of probability
Court orders
#- 1.Judgment is hereby entered in favour of the claimant as against the respondent for a sum of ksh 250,000/-
- 2.Costs of the suit are awarded to the Claimant
- 3.Interest shall accrue on the decretal sum at court rates from the date of judgment until payment in full
- 4.Stay of 30 days granted
- Jurisdiction invoked
- First-instance claim before the Small Claims Court / magistrates' court (no constitutional or statutory provision expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kosgei v Kerich (Commercial Case E438 of 2026) [2026] SCC 182 (KLR)", Case Analysis (2026). Statement of Claim dated 23rd March, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/182/eng@2026-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.