Mwingi West parliamentary aspirant Jonathan Ngenga Ndisya has suffered a setback after a Milimani Small Claims Court ordered him to refund Ksh1 million to a businesswoman and her husband over money advanced to him in connection with a supply tender.
In a judgment delivered on June 5, 2026, Senior Resident Magistrate S.S. Oriwo ruled in favour of Ms Jeniffer Nyambura and her husband, Mr Nicholas Nyaga, who had sought the recovery of Ksh1.1 million they claimed to have advanced to Mr Ngenga for a tender involving the Office of the Deputy President.
The couple told the court that Mr Ngenga approached them for financial support after informing them that he had secured a tender to supply foodstuffs, furniture and equipment.
According to court documents, Ms Nyambura advanced Mr Ngenga Ksh728,000 on January 23, 2024, paid Ksh72,000 to Wathika Wholesalers for the purchase of rice and later spent Ksh30,000 on fuel at his request.
She further testified that Mr Ngenga later sought additional financing after indicating that he had obtained a furniture and equipment supply tender. On February 14, 2024, she and her husband advanced a further Ksh290,000 through M-Pesa, bringing the total amount advanced to Ksh1.12 million.
However, Mr Ngenga disputed the claim that the money was a loan. He told the court that the parties had entered into a business arrangement under which Ms Nyambura, her husband and Que Beat Entertainment Limited would provide financing while he handled sourcing, packaging, transportation and follow-up of payment from the Office of the Deputy President.
Mr Ngenga argued that repayment was dependent on payment being received from the client and maintained that no obligation to refund the money had arisen because payment had not been made.
The court, however, found that he had failed to provide evidence to support that defence.
While acknowledging that the parties may have contemplated repayment upon receipt of payment from the client, the magistrate noted that the burden of proving that claim rested with Mr Ngenga.
“When questioned during cross-examination, the respondent conceded that he had no evidence showing that goods were delivered to the Office of the Deputy President,” the court observed in its judgment.
The court further stated that it could not rely on what it described as bare assertions unsupported by documentary evidence and concluded that Mr Ngenga had failed to establish the factual basis of his defence.
“The Court is satisfied that the claimants have proved on a balance of probabilities that the respondent is liable to refund the monies advanced,” the ruling stated.
Consequently, the court entered judgment in favour of Ms Nyambura and Mr Nyaga and ordered Mr Ngenga to pay a principal sum of Ksh1 million together with interest at court rates from the date of filing the suit until payment in full.
The ruling is likely to attract public attention given Mr Ngenga’s political ambitions in Mwingi West, where he is seeking to secure the Wiper Democratic Movement ticket ahead of the next General Election.
