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Small ClaimsDismissedSCCE11629 OF 2025

Nanchang Municipal Engineering Development Group Kenya v Stan Interior Miller (Commercial Case E11629 of 2025) [2026] SCC 218 (KLR)

Small Claims Court
14 August 2026
GKGladys W. Kiamah
645 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a Kshs. 286,384 electricity bill claim because the claimant couldn't prove the money was actually owed to them.

What this practically means

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Executive summary

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The claimant sued for Kshs. 286,384/= plus costs and interest under an agreement dated 14/11/2024, whereby the respondent was to pay an initial deposit of Kshs. 50,000/= and clear an accrued KPLC electricity bill on meter account number 114012099 by 31/12/2024. The respondent opposed the claim, contending that the amount was a debt owed to Kenya Power and Lighting Company Ltd and not to the claimant, and that the bill had since been cleared, leaving an overpayment of Kshs. 2,964/=. The claim proceeded under Section 30 of the Small Claims Act, and the court framed the sole issue as whether the claimant had proven the claim on a balance of probabilities, applying the standard in Mumbi M'Nabea v David M.Wachira and Sections 107 and 108 of the Evidence Act. The court found that although the agreement existed, it did not state that the sum was payable to the claimant for its own benefit. The respondent produced a KPLC e-bill showing an overpayment of Kshs. 2,964/= as at February 2025 and MPESA records of payments made to KPLC in February and April 2025. The claimant, by contrast, adduced no evidence from KPLC showing the amount remained due or that it had settled the bill and was entitled to reimbursement. The court held the claim unproven and dismissed it, ordered the release of Kshs. 100,000/= deposited into the respondent's Advocate-Client Account, and awarded the respondent costs of Kshs. 10,000/= payable within 30 days, that period constituting the stay of execution.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the claimant has proven the claim as against the respondent

Key legal issues

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01

Whether the claimant proved its claim for Kshs. 286,384/= on a balance of probabilities

Holding

The claim failed; the claimant proved the agreement but not that the sum remained outstanding or payable to it

Reasoning

The agreement of 14/11/2024 related to an outstanding KPLC electricity bill on meter account 114012099, registered in the claimant's name, but did not state the sum was payable to the claimant for its own benefit. The respondent produced a KPLC e-bill showing an overpayment of Kshs. 2,964/= and MPESA records of payments to KPLC. The claimant adduced no evidence from KPLC showing the amount remained due or that it had settled the bill and was entitled to reimbursement.

p. 3

Legal principles established

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  • The standard of proof in civil matters is on a balance of probabilities
  • He who alleges must prove, as provided in Sections 107 and 108 of the Evidence Act; the burden lies on the claimant to prove its claim

Court orders

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  1. 1.The claim is dismissed as unmerited
  2. 2.The sum of Kshs. 100,000/= deposited into the respondent's Advocate-Client Account shall be released to the respondent forthwith
  3. 3.The respondent is awarded costs of Kshs. 10,000/= payable within 30 days, which period constitutes the stay of execution

The bench

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One judgment of the whole court — no separate or dissenting opinions.

GK
majority

Wrote the judgment

Jurisdiction invoked
Section 30 of the Small Claims Act

Relief refused

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Kshs. 286,384/= plus costs and interest

Claimant failed to prove on a balance of probabilities that the disputed sum remains outstanding or payable to it; respondent proved payment directly to KPLC

p. 3

Costs

The respondent is awarded costs of Kshs. 10,000/= payable within 30 days hereof, which period shall constitute the stay of execution.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot is that the claim is found to be unmerited and the same is hereby dismissed.
p. 3dismissal of claim
The sum of Kshs. 100,000/= deposited into the respondent’s Advocate-Client Account pursuant to the orders of this court shall be released to the respondent forthwith.
p. 3release of deposit - final orders
The respondent is awarded costs of Kshs. 10,000/= payable within 30 days hereof, which period shall constitute the stay of execution.
p. 4costs and stay - final orders
While the claimant proved the existence of the agreement, it did not prove that the disputed sum remains outstanding or that the amount is payable to it notwithstanding the payments made to KPLC.
p. 3burden of proof

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, "Nanchang Municipal Engineering Development Group Kenya v Stan Interior Miller (Commercial Case E11629 of 2025) [2026] SCC 218 (KLR)", Case Analysis (2026). SCCE11629 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/218/eng@2026-08-14

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