Charana v Kerosi (Commercial Case E047 of 2026) [2026] SCC 73 (KLR) (23 April 2026) (Judgment) Neutral citation: [2026] SCC 73 (KLR) REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT MOMBASA COMMERCIAL CASE E047 OF 2026 TN MWANGEKA, RM APRIL 23, 2026 BETWEEN TITUS LUKE NYATIGO CHARANA .................................................... CLAIMANT AND SHEM DENNIS KEROSI .................................................................... RESPONDENT JUDGMENT 1. The claim herein relates to an agreement entered into by the parties sometime in December 2018. As a result of the said agreement, the Claimant advanced Kshs. 1,000,000/= to the Respondent. It was agreed by the parties that the said amount would be repaid in 3 monthly installments commencing February 2019. Further, sometime in 2019, the Respondent issued post dated cheques dated 15th March 2019 and 15th April 2019 but the same bounced. The claimant thus instituted this suit via statement of claim dated 19th January 2026 seeking judgment in the sum of Kshs. 1,000,000/=, compensation together with costs of the claim as well as any other appropriate relief. 2. The Respondent has never entered appearance nor filed a response to the claim. 3. The court has perused the documents in support of the claim and since the set of facts as pleaded by the Claimant have not been disputed, this court finds that the Claimant and the Respondent entered into an agreement in December 2018 wherein the Claimant advanced Kshs. 1,000,000/= to the Respondent. Further, it was agreed by the parties that the said amount would be repaid in 3 monthly installments commencing February 2019. Further, sometime in 2019, the Respondent issued postdated cheques dated 15th March 2019 and 15th April 2019 but the same bounced. 4. In the South Nyanza Sugar Company Limited v Dickson Aoro Owuor eKLR MGR HCCA No 85 of 2015 [2017] the court held that: “ 17.There is no doubt in this matter that the parties entered into a contract and which contract was allegedly breached. What is for determination is when exactly the cause of https://new.kenyalaw.org/akn/ke/judgment/scc/2026/73/eng@2026-04-23 1
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action accrued since from that time the limitation period of 6 years starts running. I do not find that issue dificult to decide on. I say so because when a party enters into a contract for a specific period of time, it does so in the understanding and belief that each of the parties to the contract will observe its part thereof until full execution of the contract. It is only when one of the parties happens to be in breach of the contract that a possible cause of action arises as at that date of the alleged breach and not at the end of the contract period.” 5. Further, Section 4(1)(a) of the Limitation of Actions Act provides as follows: The following action may not be brought after the end of six years from the date when the cause of action accrued (a) actions found on contract 6. In the instant case, breach occurred in February 2019. The claim was filed on 19th January 2026 seven years after the breach. 7. This court is reminded of the fact that jurisdiction is everything and without it, a court may not arrogate to itself jurisdiction through the craft of interpretation, or by way of endeavours to discern or interpret the intentions of Parliament, where the wording of legislation is clear and there is no ambiguity. 8. This Court therefore finds that the Claimant was to file the suit within 6 years from February 2019; that is on or before February 2025. The suit was therefore filed out of time and without the leave of the court. It so remains statute-barred and hence this court lacks the jurisdiction to entertain the suit on its merit. 9. Consequently, the claim herein is struck out for being time barred with no orders as to costs. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE 23rd DAY OF APRIL 2026 HON. THERESA N. MWANGEKA RESIDENT MAGISTRATE/ADJUDICATOR In the presence of; Mr. Mohamed……. for Claimant; N/A……… for Respondent C/A Sabina https://new.kenyalaw.org/akn/ke/judgment/scc/2026/73/eng@2026-04-23 2
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