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Small ClaimsPartially AllowedNot stated in the judgment· [2026] SCC 92 (KLR)

Calleja v Kariuki (Commercial Case E1471 of 2025) [2026] SCC 92 (KLR)

Small Claims Court
30 April 2026
530 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa court ordered a landlord to refund a tenant's Kshs 230,000 deposit after he proved his case, while dismissing the landlord's Kshs 539,980 counterclaim for lack of proof.

What this practically means

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Executive summary

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This Small Claims Court judgment at Mombasa, delivered by Resident Magistrate/Adjudicator Theresa N. Mwangeka, concerned a Statement of Claim dated 15th December 2025 seeking refund of a rent deposit of Kshs 230,000/- payable on or before 30th June 2025 under a Tenancy Agreement. It was undisputed that the deposit was paid and that the Claimant gave notice on 30th April 2025 to vacate by end of May 2025, with correspondence showing the Respondent had adequate notice and demands for the refund. The Respondent denied the claim, contending that the Claimant was responsible for restoring the premises and appliances, and filed a counterclaim of Kshs 539,980/- for painting, floor and wood restoration and replacement of Bosch appliances. The court noted that Rule 14 of the Small Claims Court Rules caps any counterclaim award at Kshs 200,000. Applying the principle that a tenancy deposit is refundable on termination subject only to lawful deductions, and that special damages must be pleaded and proved, the court held that the Respondent's quotation and proforma invoice did not prove out-of-pocket expenses. The counterclaim was dismissed; judgment was entered for the Claimant for Kshs 230,000/- with costs and interest at court rates from the date of filing.

Key legal issues

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01

Refundability of a tenancy rent deposit

Holding

The deposit of Kshs 230,000/- was refundable on termination of the tenancy; the Respondent was given adequate notice and the Claimant proved his claim on a balance of probabilities

Reasoning

The court found it undisputed that the deposit was paid and that the Claimant tendered notice to vacate by end of May 2025. Correspondence showed the Respondent had adequate notice of the intention to vacate and of demands for the refund. Since no lawful deductions were proved, the deposit fell due for repayment with costs and interest.

p. 1
02

Proof of special damages in the Respondent's counterclaim

Holding

The counterclaim failed because the special damages of Kshs 539,980/- were not substantiated

Reasoning

Repair and replacement costs constitute special damages, which must be pleaded and proved. The Respondent relied on a painting quotation and a proforma invoice; such documents do not show actual out-of-pocket expenditure. The court therefore found the special damages unproven and dismissed the counterclaim, which was in any event subject to the Rule 14 cap of Kshs 200,000.

p. 2

Legal principles established

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  • A tenancy deposit is refundable upon termination of tenancy, subject only to lawful deductions
  • Special damages must be both pleaded and proved
  • Quotations and proforma invoices do not by themselves prove out-of-pocket expenditure for special damages
  • Rule 14 of the Small Claims Court Rules caps any award on a counterclaim at Kshs 200,000

Court orders

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  1. 1.The Respondent's counterclaim is dismissed
  2. 2.Judgment entered for the Claimant against the Respondent for Kshs 230,000/-
  3. 3.Costs of the suit to the Claimant
  4. 4.Interest at court rates from the date of filing
Jurisdiction invoked
Small Claims Court Act jurisdiction; Rule 14 of the Small Claims Court Rules limiting counterclaim awards to Kshs 200,000

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Calleja v Kariuki (Commercial Case E1471 of 2025) [2026] SCC 92 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/92/eng@2026-04-30

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