Gitau v Karanja (Commercial Claim E26301 of 2025) [2025] SCC 59 (KLR) (4 September 2025) (Judgment) Neutral citation: [2025] SCC 59 (KLR) REPUBLIC OF KENYA IN THE MILIMANI SMALL CLAIMS COURT COMMERCIAL CLAIM E26301 OF 2025 TO OMONO, ADJ SEPTEMBER 4, 2025 BETWEEN CHARLES GITAU ..................................................................................... CLAIMANT AND ELIUD KIARIE KARANJA ................................................................ RESPONDENT JUDGMENT 1. Before this court is a Statement of Claim dated 07th February 2025 by the Claimant praying for judgment against the Respondent for:a. Judgment in the sum of Kshs. 1,123,000/= b. Interest for (a) at the prevailing commercial interest rate (14%) from the date of default until payment in full c. Costs of the claim 2. The Claimant averred that pursuant to the agreement dated 30th June 2023, the Respondent willingly undertook to repay the Claimant Kshs. 1,890,000/= through a lunpsum payment of Kshs. 200,000/ = and eighteen monthly instalments of Kshs. 93,889/= by 10th December 2024. 3. The Respondent did not settle the debt of Kshs. 1,890,000/= as per the terms of the agreement dated 30th June 2023 since the Respondent partially paid the sum of Kshs. 1,890,000/= owed to the Claimant thereby leaving a balance of Kshs. 1,123,000/= that remains unpaid to date hence this claim. 4. The Respondent entered appearance and filed a Response to the Statement of Claim dated 26th May 2025 where he admitted owing the Respondent Kshs. Kshs. 1,123,000/=. The Respondent proposed to settle the admitted sum of Kshs. 1,123,000/= through monthly instalments of Kshs. 50,000/= with efiect from 30th August 2025. https://new.kenyalaw.org/akn/ke/judgment/scc/2025/59/eng@2025-09-04 1
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5. On 10th July 2025, parties herein recorded a consent to the efiect that this matter proceeds under section 30 of the Small Claims Court Act. Analysis & Determination 6. This court has duly considered the pleadings, documents, as well as written submissions filed by the parties herein. 7. The only issue for determination is whether the Claimant proved their claim to the required standards. 8. This court is of the considered view that in the face of the Respondent’s admission of owing the Claimant Kshs. 1,123,000/= at the time of filing this claim, it follows that the Claimant proved his claim to the required standards. 9. Whereas the Respondent suggested a repayment plan of the amount due, and while acknowledging the provisions of section 36(1)(a) of the Small Claims Court Act, which empowers this court to order for payment of a judgment debt by instalment, this court declines to impose a payment plan upon the parties herein. Disposition 10. The upshot of the foregoing is that:a. Judgment is entered against the Respondent for the sum of Kshs. 1,000,000/= b. The sum of Kshs. 1,000,000/= will attract interest at court rates from the date of filing this claim till payment in full c. The Claimant will have the costs of this claim assessed per section 33 of the Act at Kshs. 40,000/ = d. Parties herein are directed to have a sit-down and come up with a judgment sum repayment plan agreeable to them within thirty (30) days of today e. In the event the sit-down contemplated in (d) above fails to bear fruits, the Respondent will be at liberty to file a formal application under section 36 (1) of the Small Claims Court Act for hearing and determination Judgment accordingly. READ, SIGNED AND DELIVERED IN OPEN COURT AT BUNGOMA THIS 04TH DAY OF SEPTEMBER 2025 T. O. OMONO ADJUDICATOR In the presence of: Mr. Musili for the Claimant Mr. Makori for the Respondent C/A: Mr. Rioba https://new.kenyalaw.org/akn/ke/judgment/scc/2025/59/eng@2025-09-04 2
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