Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Full text of the document
Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT AT MOMBASA
SMALL CLAIMS COMMERCIAL CASE NO [reference]
[LENDER CLAIMANT] v [RECIPIENT RESPONDENT]
WRITTEN SUBMISSIONS
1. The issues are the agreed legal character of the advance, the amount proved, repayment and any genuine defence or counterclaim. The Court should examine the actual transaction and communication record rather than decide the arrangement solely from the fact that the funds supported an event.
2. The Claimant relies on the repayment understanding and genuine M-Pesa transfers. The pleaded sum must be limited to proof. In the source, KES 74,400 was established against a KES 76,000 claim; the unexplained KES 1,600 difference was not awarded.
3. The Respondent joint-venture assertion requires evidence of the agreement and roles, not merely vendor vouchers and a later description of the payment. The source found the available event and communication evidence insufficient to establish that defence.
4. The Small Claims Court applied sections 3(3)(d) and 32 when receiving the transaction evidence. This flexible process is assessed within that Court statutory framework. It does not dispense universally with electronic-evidence rules or authenticate any screenshot submitted elsewhere.
5. The Claimant requests the proved unpaid amount, interest as lawfully ordered and appropriate costs, with all credits recognised. The source result was KES 74,400, court-rate interest from filing and KES 5,000 costs. Submissions add no new transfers, agreement or event evidence.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Identify pleaded issues, admitted evidence and genuine record pages. Follow directions on length, authorities, filing and service. Submissions do not introduce exhibits or cure missing substantive prayers. Distinguish what a party sought from what the Court ordered, and an unsuccessful historical position from the actual holding.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
The claimant sought KES 76,000 as a repayable advance for a music event. The respondent alleged joint-venture funding rather than a loan. M-Pesa records established KES 74,400; vendor vouchers and unsupported event assertions did not establish the joint venture on that record.
The Mombasa Small Claims Court awarded KES 74,400, interest at court rates from filing and KES 5,000 costs. The larger KES 76,000 demand was not fully proved. The decision applied the Court flexible evidence provisions to the available transactions.
Small Claims Court Act sections 3(3)(d) and 32 informed evidential flexibility; this does not create a universal exemption from electronic-evidence requirements in other courts. The claimant must prove the loan and amount, while a joint-venture allegation needs evidence of the agreed arrangement. Do not publish participants telephone numbers or transaction identifiers.
Read the original reported decision: [2026] SCC 124 (KLR) — 4 May 2026
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Small Claims Court Act · Evidence Act
Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.