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Small ClaimsDismissedNot stated in the judgment as provided· [2026] SCC 230 (KLR)

Valere Business Sytems v Cementers Limited (Commercial Claim E18906 of 2024) [2026] SCC 230 (KLR)

Small Claims Court
22 January 2026
TOT. O. Omono
656 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Bungoma Small Claims Court ruled the defendant had already paid the full Kshs. 996,546 owed, dismissing the photocopy services claim as fully settled.

What this practically means

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Executive summary

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The Claimant sued the Respondent under a contract for the provision of photocopy equipment and services, claiming Kshs. 996,545.12/= as the sum due between 31st August 2022 and 4th September 2024. The Respondent denied owing the amount, asserting it had settled all sums due under the contract. Parties consented to determination under section 30 of the Act. The court identified a single issue: whether the Respondent owed the Claimant Kshs. 996,546/=. It noted that during the pendency of the claim the Respondent paid Kshs. 596,546/= in installments, leaving Kshs. 400,000/= in dispute. The Respondent proved earlier payments of Kshs. 400,000/= - a cheque of Kshs. 100,000/= dated 3rd March 2023, a cheque of Kshs. 150,000/= dated 6th December 2023, and an EFT of Kshs. 150,000/= dated 24th April 2023 - which the Claimant did not dispute receiving. Because the Claimant pleaded that payment stopped on 31st August 2022 and pleaded no other sums owing, the court held that all payments after that date went to settle the pleaded outstanding contract sum. It accordingly found the Respondent had fully paid the claimed sum of Kshs. 996,546/=. The court declared the claim fully settled, awarded the Claimant costs assessed at Kshs. 30,000/= because the claim was settled after filing, made no order as to interest since it was not pleaded, and directed that a Certificate of Costs and decree issue forthwith. Judgment read, signed and delivered at Bungoma on 22nd January 2026 by T. O. Omono, Adjudicator.

Key legal issues

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Whether the Respondent owed the Claimant the claimed contract sum

Holding

The Respondent did not owe the Claimant; the full claimed sum of Kshs. 996,546/= had been paid through post-31st August 2022 payments

Reasoning

It was common ground a contract existed. The Respondent paid Kshs. 596,546/= during the pendency of the claim, and proved earlier payments of Kshs. 400,000/= (two cheques and an EFT) which the Claimant did not dispute. Since the Claimant pleaded payment stopped on 31st August 2022 and pleaded no other sums owing, all subsequent payments were treated as settlement of the pleaded outstanding balance.

p. 3

Legal principles established

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  • Where payments are made after the date a plaintiff alleges payment stopped, and no other sums are pleaded as owing, such payments are treated as settlement of the pleaded outstanding contract sum

Court orders

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  1. 1.A declaration that the Respondent has fully settled the claim herein by paying Kshs. 996,546/= to the Claimant
  2. 2.The Claimant awarded costs of the claim assessed at Kshs. 30,000/= since the claim was settled after filing
  3. 3.No order as to interest since the same was not pleaded by the Claimant
  4. 4.Certificate of Costs and decree to issue forthwith upon payment of the requisite court fees, if any
  5. 5.File closed

Authorities

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Legislation

  • Small Claims Court Act (referred to as "the Act")section 30
Jurisdiction invoked
Section 30 of the Small Claims Court Act (parties consented to determination by the court, as referenced by 'the Act')

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, "Valere Business Sytems v Cementers Limited (Commercial Claim E18906 of 2024) [2026] SCC 230 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/230/eng@2026-01-22

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