By Andrew Kariuki
A Nairobi court has declined to close proceedings in a civil dispute involving the Kenya Commercial Bank (KCB) after the Kenyan ambassador to Cuba Evelyne Mwenda Karisa, who is the plaintiff, opposed the move, arguing that the respondent had failed to provide proof of an alleged refund.
The matter, Everlyne Mwenda Karisa vs Kenya Commercial Bank, came up for mention before Senior Principal Magistrate Lucy Njora for confirmation of settlement and closure of the file.
The respondent informed the court that the dispute had been settled, stating that a refund had been made to the plaintiff’s account.
However, counsel for the plaintiff, Lawyer Danstan Omari, opposed the closure of the file, telling the court that no documentary evidence had been produced to support the claim that the funds had been refunded.
The plaintiff maintains that a total of Ksh 779,603 remains in dispute, while the respondent claims to have refunded Ksh 413,728.
“The respondent has not placed before this Honourable Court any documentary proof to demonstrate that the alleged refund was made to our client’s account,” the counsel of the Plaintiff submitted.
The respondent has since filed a response dated January 27, 2026, maintaining that the partial refund had already been effected.
In light of the dispute over the alleged payment, the court declined to close the file and instead directed that the application be disposed of by way of written submissions.
Each party has been granted seven days to file and exchange their submissions.
The court is expected to deliver its ruling on March 20, 2026.
