A Milimani Small Claims Court has ordered a popular Mwingi West political aspirant, Jonathan Ngenga Ndisya, to pay a businesswoman and her husband Ksh1 million for monies advanced to him in connection with a supply tender.
According to the court documents, businesswoman Jeniffer Nyambura and her husband Nicholas Nyaga filed a refund claim of Ksh1.1 million for monies that they gave him as advance payment for the food, furniture, and equipment supply tender to the deputy president’s office.
A judgement delivered on June 5, 2026, by the honourable S. S. Oriwo stated that the court accepts that the parties contemplated repayment upon receipt of payment from the client (office of the deputy president).
However, the court has noted that Ngenga, despite him stating that the repayment was conditional upon payment being received from the DP’s office, bears the burden of proving the facts upon which that defence rests.
In the detailed judgement the court also revealed that it cannot rely on the popular politician-cum-businessman defence, terming it as bare assertions unsupported by documentary evidence, thus concluding that he failed to establish the factual basis of his conditional repayment.
Judgement
“When questioned during cross-examination, the respondent (Ngenga) conceded that he had no evidence showing that goods were delivered to the Office of the Deputy President,” the court noted.
“The Court is satisfied that the claimants (Nyambura and Nyaga) have proved on a balance of probabilities that the respondent (Ngenga) is liable to refund the monies advanced,” the court ruled.
“Consequently, judgement is entered in favour of the claimants (Nyambura and Nyaga) against the respondent (Ngenga) as follows: a principal sum of Ksh1,000,000 and interest on the amount at court rates from the date of filing the suit until payment in full,” the court ruled.
According to Nyambura, on January 23, 2024, she advanced Ngenga with Ksh728,000, paid Ksh72,000 to Wathika Wholesalers for the purchase of rice, and paid Ksh30,000 for fuel on his request.
In her testimony, Nyambura testified that Ngenga informed her that he had obtained a furniture and equipment tender and requested additional financing, and on February 14, 2024, together with his husband, advanced a further Ksh 290,000 through M-pesa, making the total amount Ksh 1,120,000.
However, Ngenga denied the monies constituted a loan, but they had entered into a business arrangement under which the husband and wife and Que Beat Entertainment Limited financed the venture while he handled sourcing, packaging, transport and follow-up of payment from the office of the deputy president.
He contends that repayment was contingent upon payment by the Office of the Deputy President and that such payment has not been received.
Ngenga testified that the parties agreed that the claimants would provide financing, he would provide logistical support and follow up on payment from the Office of the Deputy President, and profits would be shared equally after payment.
He maintained that payment from the Office of the Deputy President had not been received and that no obligation to refund had therefore arisen.
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