Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
MagistratePartially AllowedNot stated in the judgment

Maina v Gakobo & another (Civil Case E020 of 2025) [2026] KEMC 493 (KLR)

Magistrates' Court (Senior Resident Magistrate/Adjudicator)
22 July 2026
1,332 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

A Murang'a court awarded tenants Kshs. 329,000 after a landlord leased their paid-for premises to someone else, showing digital payment records win cases.

What this practically means

#

Executive summary

#
The plaintiffs sued the defendant for breach of a hand-written lease agreement dated 24th December 2023, under which the 1st plaintiff was to lease a pub on land parcel Loc. 8/Matharite/1585 for one year from 1st January 2024 at a monthly rent of Kshs. 20,000/=. The plaintiffs alleged they remitted a year's rent of Kshs. 240,000/= but the defendant refused to grant access to the lounge room, having unlawfully leased it to third parties. They sought a declaration of breach, special damages of Kshs. 329,000/=, or alternatively a refund of Kshs. 120,000/=, plus costs and interest. Interlocutory judgment was entered because the defendant did not file a response; at the hearing both plaintiffs testified and produced the agreement, valuation report and receipt, M-pesa and bank statements, and a demand letter. The court framed four issues and found the agreement proved, unchallenged and corroborated by the valuation report; payment proved through the M-pesa and bank statements, with transaction reference numbers captured in the signed agreement. The evidential burden then shifted to the defendant to prove he had delivered vacant possession; he led no evidence, and the court found him in breach. On special damages, the court reiterated the requirement of specific pleading and proof with certainty, and held that the rent of Kshs. 240,000/= and the valuation cost of Kshs. 35,000/= were both proved. Judgment was entered for the plaintiffs for Kshs. 329,000/=, with a declaration of breach, costs of the suit, and interest at court rates from 6th February 2025 until payment in full. Judgment was delivered at Murang'a on 22nd July 2026 by Hon. Grace Waithĩra, Senior Resident Magistrate/Adjudicator.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the plaintiffs entered into a lease agreement with the defendant
  2. 2.Whether the plaintiffs paid the lease price of Kshs. 294,000/=
  3. 3.Whether the defendant breached the lease agreement
  4. 4.Whether the plaintiffs are entitled to a refund of the lease price and cost of valuation

Key legal issues

#
01

Existence and validity of the lease agreement

Holding

The court found a valid lease agreement existed between the 1st plaintiff and the defendant

Reasoning

The 1st plaintiff produced a hand-written lease agreement dated 24th December 2023 whereby the defendant agreed to lease premises on land parcel Loc. 8/Matharite/1585 for one year at Kshs. 20,000/= monthly. Its authenticity was not challenged, and it was corroborated by a valuation report confirming the defendant's ownership of the parcel.

p. 3
02

Payment of the lease price

Holding

Payment of Kshs. 240,000/= by the 2nd plaintiff was proved

Reasoning

The plaintiffs produced an M-pesa statement and an Equity bank account statement showing cumulative payments of Kshs. 240,000/= by the 2nd plaintiff, who explained he paid as the 1st plaintiff is his wife. The transaction reference numbers were captured in the lease agreement signed by the defendant.

p. 5
03

Breach of the lease agreement

Holding

The defendant was found in breach for failing to deliver vacant possession and instead leasing to third parties

Reasoning

Having proved the agreement and payment, the evidential burden shifted to the defendant to prove he gave vacant possession. The defendant led no evidence to counter the claim that he let the premises to a third party, and failed to prove he performed his part of the bargain.

p. 6
04

Entitlement to special damages

Holding

Special damages of Kshs. 329,000/= were proved and awarded

Reasoning

The lease price of Kshs. 240,000/= was proved through the M-pesa and bank statements, and the valuation cost of Kshs. 35,000/= was proved by the valuation report and receipt. The court held the plaintiffs proved the damages sought.

p. 7

Legal principles established

#
  • Once a plaintiff proves entry into an agreement and payment, the evidential burden shifts to the defendant to prove performance of his obligations
  • A claim for special damages must be specifically pleaded and proved with a degree of certainty

Court orders

#
  1. 1.A declaration that the defendant breached the lease agreement dated 24th December 2023
  2. 2.Judgment entered in favor of the plaintiffs against the defendant for a sum of Kshs. 329,000/=
  3. 3.The plaintiffs shall have the costs of this suit
  4. 4.Interest shall accrue at court rates from the date of filing suit being, 6th February 2025, until payment in full

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Not expressly stated; suit determined by a Senior Resident Magistrate/Adjudicator under statutory civil jurisdiction

Relief refused

#

Alternative prayer for refund of Kshs. 120,000/=

The court instead awarded the pleaded special damages of Kshs. 329,000/= in full, making the alternative refund prayer unnecessary

Costs

The plaintiffs shall have the costs of this suit.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

a. A declaration is hereby made that the defendant breached the lease agreement dated 24th December 2023;
p. 7Final orders - declaration of breach
b. Judgment is entered in favor of the plaintiffs against the defendant for a sum of Kshs. 329,000/=
p. 7Final orders - judgment sum
d. Interest shall accrue at court rates from the date of filing suit being, 6th February 2025, until payment in full.
p. 7Final orders - interest
As a general proposition the legal burden of proof lies upon the party who invokes the aid of the law and substantially asserts the affirmative of the issue.
p. 5Burden of proof
the evidential burden thus shifted to the defendant to prove that he had given the 1st plaintiff vacant possession of the premises
p. 5Shift of evidential burden
The plaintiffs were not only required to plead their claim for special damages specifically. It was also their duty to prove the claim with a degree of certainty.
p. 7Special damages

Issues in the judgment

#
material

Pleadings state special damages of Kshs. 329,000/= as rent of Kshs. 240,000/= plus valuation cost of Kshs. 35,000/=, which totals Kshs. 275,000/=, and the issues frame the lease price as Kshs. 294,000/=; the figures do not reconcile

minor

The pleadings refer to 'the 1st defendant' although only one defendant is named in the cause

minor

The judgment does not state the names of the parties or the case number

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Maina v Gakobo & another (Civil Case E020 of 2025) [2026] KEMC 493 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/493/eng@2026-07-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.