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Small ClaimsPartially AllowedNotice of motion dated 22nd June, 2026 (Small Claims Court, Eldoret)· [2026] SCC 189 (KLR)

Rono v Salvon Enterprises Ltd (Commercial Case E5084 of 2025) [2026] SCC 189 (KLR)

Small Claims Court
31 July 2026
MAM.E Aligula
1,653 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An Eldoret court stopped seizure of a debtor's office equipment only after he agreed to pay a third of the judgment debt within fifteen days.

What this practically means

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Executive summary

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This Small Claims Court ruling at Eldoret dealt with a notice of motion dated 22nd June 2026 by the judgment debtor, Franline Kibet Chirchir, seeking stay of execution after Eagle Eye auctioneers, acting for the decree holder Haron Kipyegon Rono, proclaimed and attached his office equipment. Judgment had been entered on 7th April 2026 for Ksh 905,325.56 (decretal sum Ksh 814,212, taxed costs Ksh 78,800, interest Ksh 12,313.56). The respondent opposed, deposing that the debtor had acknowledged the debt in a written agreement of 27th August 2025, failed to pay, brought the application three months after decree and only after execution commenced, and offered no concrete instalment proposal or security. The court framed a single issue: whether the applicant was entitled to stay. Applying section 42(2) of the Small Claims Court Act and the Butt v Rent Restriction Tribunal conditions, the Adjudicator held that attachment in lawful execution is not substantial loss, that no appeal was on file, and that the delay and absence of any payment disentitled the applicant to an unconditional stay. However, the applicant's offer of security satisfied that condition. The application was allowed in part: the applicant to pay one-third of the decretal sum plus costs and interest within fifteen days, failing which execution may proceed; the balance payable within six months. Each party to bear its own costs; leave to appeal granted.

Key legal issues

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01

Whether the applicant is entitled to stay of execution

Holding

Stay granted only conditionally; the applicant failed to show substantial loss or promptness but his offer of security sufficed to justify a conditional stay

Reasoning

The court found the attachment of office equipment was a lawful consequence of default, not substantial loss, and the application came three months after judgment with no appeal filed. However, the applicant's offer to provide security was a mark of good faith satisfying that ground. The court exercised its discretion under section 42(2) to grant a conditional stay requiring partial payment within 15 days and the balance within six months.

p. 5

Legal principles established

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  • Stay of execution is a discretionary and equitable remedy not granted as of right; the applicant must show substantial loss, absence of unreasonable delay, and furnish security
  • Attachment and proclamation of property in execution is not of itself substantial loss
  • The burden lies on the applicant to justify the conditional grant of stay under section 42(2)

Court orders

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  1. 1.Application allowed in part on condition that the applicant pays one-third (1/3) of the decretal sum, together with costs and accrued interest, to the respondent within fifteen (15) days
  2. 2.In default of such payment, the decree holder/respondent at liberty to proceed with execution
  3. 3.Upon compliance, balance of the decretal sum to be settled within six (6) months from the date of the ruling
  4. 4.Each party to bear its own costs of the application
  5. 5.Leave to appeal granted to parties
Jurisdiction invoked
Small Claims Court Act, section 42(2)

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, "Rono v Salvon Enterprises Ltd (Commercial Case E5084 of 2025) [2026] SCC 189 (KLR)", Case Analysis (2026). Notice of motion dated 22nd June, 2026 (Small Claims Court, Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/189/eng@2026-07-31

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