Musau v Wambui (Commercial Case E459 of 2026) [2026] SCC 133 (KLR) (30 June 2026) (Judgment) Neutral citation: [2026] SCC 133 (KLR) REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT MOMBASA COMMERCIAL CASE E459 OF 2026 TN MWANGEKA, RM JUNE 30, 2026 BETWEEN BEATRICE WANZA MUSAU .................................................................. CLAIMANT AND SIMON WANJONA WAMBUI ........................................................... RESPONDENT JUDGMENT 1. The Statement of Claim dated 24th November, 2025 seeks judgement as against the Respondent in the sum of Kshs. 370,000/= being the outstanding balance of a loan advanced. The fact that the Respondent took a loan from the Claimant is not disputed. What is disputed is the amount of Kshs. 750,000/- claimed as the total amount of the money received by the Respondent. 2. On 18th June 2026, the matter came up for trial with the Respondent failing to show despite being aware of the hearing date. They however had opposed the Claim and filed a Response to the Claim which this court shall consider in rendering its judgment. 3. Per the loan agreement 22nd January 2025, the Respondent received Kshs. 250,000/- . The Respondent was to pay the Claimant a sum of Ksh .80, 000/- before the 22nd day of every month per the agreement with the last installment falling on 22nd June 2025. 4. On 21st August 2025 a memorandum of understanding was entered into by the Claimant and one Agnes Kilonzo who agreed to pay Kshs. 490,000/- being the debt owed by the Respondent. 5. The Respondent has stated that the money received from the Claimant is Kshs. 300,000/- and that he has so far paid Kshs. 380,000/- and only owes the Claimant Kshs. 20,000/-. 6. In Trust Bank Limited v Paramount Universal Bank Limited & 2 Others [2009] eKLR, the Court observed that documentary evidence ordinarily speaks for itself unless displaced by credible evidence. From the evidence on record, this court finds that the amount advanced to the Respondent as per the https://new.kenyalaw.org/akn/ke/judgment/scc/2026/133/eng@2026-06-30 1
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agreement dated 22nd January 2025 was Kshs. 250,000/-. This is evidenced by the MPESA transaction messages filed and relied on by both parties. Thereafter the Claimant sent another Kshs. 50,000/- on 18th February 2025 as per the MPESA transaction messages. 7. Further from the evidence, the Respondent then made several payments between 24th February 2025 to 1st November 2025 in the sum of Kshs. 80,000/- as per the file MPESA transactions and Kshs. 100,000/- paid by Agnes Kilonzo making the total to be Kshs. 380,000/-. The Claimant has also stated that thereafter the Respondent paid Kshs. 20,000/-. This brings the total amount paid by the Respondent to be Kshs. 400,000/-. 8. From the principal agreement dated 22nd January 2025, the Respondent was to pay the Claimant Kshs. 80,000/- for 5 months translating to Kshs. 400,000/- which as it has been discussed has been paid up. What remains as per the agreement is the payment of the principal sum of Kshs. 250,000/as per clause 8 of the agreement. Consequently, this court finds that the Respondent is liable to pay Kshs. 250,000/- and not Kshs. 370,000/- to the Claimant as claimed. The agreement did not make any provision for the accrual of any interest on any sum contrary to the evidence of the Claimant in court. 9. On a balance of probabilities therefore, the court is satisfied that the Claimant has proved its case against the Respondent for Kshs. 250,000/- and proceeds to enter judgment for the Claimant for the said sum. There shall be no orders as to costs or interest. DATED SIGNED AND READ VIRTUALLY AT MOMBASA THE……30TH …DAY OF…JUNE… 2026 HON. THERESA N. MWANGEKA RESIDENT MAGISTRATE/ADJUDICATOR In the presence of; …Ms. Wanjiku… for Claimant; ……Mr. Mouko… for Respondent C/A Esther https://new.kenyalaw.org/akn/ke/judgment/scc/2026/133/eng@2026-06-30 2
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