Bakery Loses Sh845,378 Claim Against Friends School Kaimosi
A bakery’s bid to recover Sh845,378 for unpaid supplies was rejected by the High Court after the judge ruled that its evidence lacked credibility.
Alicia Bakers and Confectioners Limited had sought the amount from Friends School Kaimosi, claiming it was owed for bread and flour delivered between 2016 and 2023. The bakery argued that despite partial payments, the school had failed to settle the debt, leading to legal action.
In August 2025, a magistrates’ court ruled in favour of the bakery, awarding the full sum plus Sh40,000 in costs. However, the school’s Board of Management appealed, arguing that the alleged contract was flawed and that no proof of delivery had been provided.
During the appeal, the bakery’s accountant presented invoices, demand letters, bank slips, and a Local Purchase Order from 2018. However, he admitted that the company did not have signed delivery certificates and instead relied on notes signed by a former librarian.
The school’s foreman contested the validity of the documents, claiming that stamps could be easily forged and that the deliveries had not occurred. In his judgment, delivered on 5 February 2026, Justice David Kemei emphasised that courts must base decisions on evidence rather than sympathy.
He noted that while delivery notes can support transactions when accompanied by proper documentation, invoices alone are insufficient. Several of the invoices presented by the bakery lacked supporting signed delivery notes, and the judge dismissed the bakery’s reliance on internal statements of account.
“The respondent, having failed to present credible evidence of delivery, cannot rely on sympathy to legitimise its claim,” Justice Kemei said.
The judge overturned the earlier ruling and ordered the bakery to pay the costs of the appeal.
