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 HIGH COURT AT NAIROBI MILIMANI COMMERCIAL AND TAX DIVISION
CIVIL SUIT NO [correct reference]
[PLAINTIFF] v [DEFENDANT]
EVIDENCE OR COMPUTATION SCHEDULE
1. Maintain separate ledgers for the individual account, company fixed deposits, company current account and each recipient. Opening principal, earned interest, maturity, liquidation and withdrawal are separate entries. Give [transaction date], [bank reference], [amount], [mandate] and [authenticating witness] for every line.
2. For the company fixed deposits, begin with the three certificates for KSh 40,000,000, KSh 30,000,000 and KSh 30,000,000. Explain how the later KSh 113,600,000 claim is derived from actual records. Do not silently equate the original KSh 100,000,000 principal with the entire subsequent claim.
3. For any transfer through the company current account, identify whether it was a transit credit followed by an unauthorised debit, or a beneficial receipt retained by the company. Cross-reference the debit and credit to avoid counting the same diverted funds as two independent losses.
4. Recipient entries must state the specific amount traced to [recipient], the proof of receipt and any claimed consideration or good-faith defence. Identify overlapping and joint liabilities. Do not add the full KSh 113,600,000 against an insider to the recipient portions of that same total.
5. Give separate columns for amount claimed, amount admitted, amount disputed, amount adjudged, interest basis and actual recovery. Any repayment or satisfaction must be credited to the relevant liability. This schedule is an evidential aid; an unsupported transfer entry is not proof of recipient liability.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected party 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
This schedule supports a pleaded issue; it is not a new originating process or proof by itself. Give dates, authors, document pages, authenticating witnesses and transparent calculations. Label missing or disputed evidence accurately. Current costs and rates need current proof. Obtain leave or directions for supplementary material where required, serve it and avoid duplicate recovery of paid heads. Particularise fraud under Order 2 rule 10 and explain any interest already included in principal claimed. Separate the company claim, individual claim and recipient counterclaims. A transit credit is not assumed to be a benefit. This sample does not reopen concluded litigation.
Supporting material schedule: [document date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach only genuine available records and mark missing records accurately.
Source facts and limits of the decision
Two Nairobi commercial suits concerned an individual account and a company account with fixed deposits. Forged instructions, manipulated callbacks and staff collusion enabled withdrawals despite a joint-signatory mandate. An insider admitted forgery. The bank counterclaimed against the company and recipients. The Nairobi proceeding judgment was delivered by the judge at Kisumu.
The bank owed the individual KSh 56,344,520.55 and the company KSh 113,600,000, with commercial interest from filing. Its counterclaim against the company failed because no benefit was proved. Recipient restitution was allocated without duplicating the total; their awards attracted court-rate interest. No contribution award arose from an unpleaded counterclaim against the bank.
Identify the account mandate, the forged instruction and the actual recipient; a director delivering a document is not proof of both required signatures. Particularise fraud under Order 2 rule 10 and quantify each loss. Distinguish the company ledger from an individual deposit and a temporary transit credit from beneficial receipt. Terms in fine print did not excuse the proved staff collusion in this case.
Read the original reported decision: [2025] KEHC 15992 (KLR) — 7 November 2025
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, reasons and operative orders were read. These are new educational reconstructions, not signed original pleadings. Court location follows the proceeding heading; a judge may deliver a judgment from another station. No subsequent-order or licensed-advocate review is claimed. Check the current law, case file and court directions.
Related law and procedural rules
Constitution of Kenya · Civil Procedure Act · Civil Procedure Rules · Evidence Act
Civil Procedure Rules — check the applicable current procedure
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.