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Small ClaimsAllowedSCCOME6702 of 2026

Mwangi v Lesma Travels Ltd (Commercial Case E6702 of 2026) [2026] SCC 216 (KLR)

Small Claims Court
14 August 2026
GKGladys W. Kiamah
857 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The claimant sued for Kshs. 200,000/= plus costs and interest, contending that on 10/1/2025 he engaged the respondent to process a Canadian Work Permit and paid a deposit of Kshs. 200,000/=, with a balance of Kshs. 100,000/= payable on completion. The respondent failed to provide the agreed services, undertook to refund the amount paid, but failed to do so despite repeated follow-ups and a formal demand. The respondent never entered appearance or filed a response despite being given opportunity, so the claim proceeded under Section 30 of the Small Claims Court Act, with the claimant filing submissions dated 10/8/2026. The court framed a single issue: whether the claimant had proven the claim on a balance of probabilities. Relying on the Court of Appeal's decision in Mumbi M'Nabea v David M. Wachira and Sections 107, 108 and 109 of the Evidence Act, the adjudicator held that the burden of proof remains on the claimant even in undefended proceedings; a default judgment is not a substitute for proof. On the evidence - the written agreement, proof of payment, a receipt, and the respondent's signed refund form confirming services were not rendered - the court found the claim proved. The respondent's notation on the refund form that Kshs. 120,000/= had been refunded was unsupported by any documentary evidence and was held unproven. Judgment was entered for Kshs. 200,000/= with interest at court rates from the date of judgment, costs assessed at Kshs. 12,000/=, and a 30-day stay of execution was granted to the respondent.

Key legal issues

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Whether the claimant proved his claim on a balance of probabilities despite the claim being undefended

Holding

The claimant proved payment of Kshs. 200,000/= for services not rendered and the respondent's obligation to refund; the alleged partial refund of Kshs. 120,000/= was unproven

Reasoning

The court applied Sections 107, 108 and 109 of the Evidence Act, noting that the burden of proof rests on the party alleging a fact and does not shift or lessen merely because a case is undefended. It considered the agreement dated 10/1/2025, proof of payment and receipt, and the respondent's signed refund form acknowledging services were not rendered. The respondent's notation of a Kshs. 120,000/= refund lacked documentary support and, with no participation by the respondent, remained unsubstantiated. Judgment was entered for the full claimed sum.

p. 4

Legal principles established

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  • The standard of proof in civil liability claims is the balance of probabilities
  • A claimant is not entitled to judgment merely because the claim is undefended; the burden of proof remains on the claimant

Court orders

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  1. 1.Judgment entered in favor of the claimant against the respondents jointly and severally for Kshs. 200,000/=
  2. 2.The sum to attract interest at court rates from the date of judgment till payment in full
  3. 3.Costs of the claim awarded to the claimant, assessed at Kshs. 12,000/=
  4. 4.Respondent granted 30 days stay of execution
Jurisdiction invoked
Small Claims Court Act, Section 30 (proceeding on default/uncontested claim)

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, "Mwangi v Lesma Travels Ltd (Commercial Case E6702 of 2026) [2026] SCC 216 (KLR)", Case Analysis (2026). SCCOME6702 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/216/eng@2026-08-14

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