Small Claims Court Rules Against Girl who ‘Ate Fare’

The Small Claims Court in Nairobi has ruled against a girl who was ‘sent fare’ by a male colleague but failed to turn up for a birthday party as agreed.

In the case filed the Milimani Small Claims Court, a gentleman identified as BCN said that he had sent KShs 3000 to a lady by the name NMK to enable her pay fare to attend a birthday party which BCN had invited her. However, the court heard that despite receiving the money, NMK failed to show up for the party and even switched off her phone.

The man provided WhatsApp message as evidence that they had an agreement that the lady would attend the birthday party, and she had requested for the money to enable her get a taxi ride to the venue. In the screenshots shared with the adjudicator, it was shown that the lady did not respond to the messages asking if she was on the way, although the blueticks were evidence that she had read the messages before switching off her phone.

On her defense, the lady admitted to receiving the money but failed to show up for the party due to family engagements. She told the court that she did not refund the money because she was planning to use it to visit the said man in future.

In the ruling, the adjudicator noted that it was evident that the lady deliberately chose to ‘eat the money’ instead of refunding it to BCN, and therefore the court had an obligation to ask her to refund the money. This would also serve as a warning to other people who are engaging in similar practice in the country.

Defendant to Pay Costs

The court ruled that the lady should pay the original KShs 3000 together with 20% interest as well as another KShs 20,000 as costs, the total being KShs 23,600. However, the court denied the plaintiff’s prayer to be compensated for the emotional damage caused by the lady.

The adjudicator also warned young men against ‘sending fare’ to friends, especially those of the opposite sex, noting that anybody who wants to be with you should be able to do it at their own cost. “There should be no reason why one person should fund another one’s existence, considering both have some financial muscles.”

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