Calleja v Kariuki (Commercial Case E1471 of 2025) [2026] SCC 92 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Refundability of a tenancy rent deposit
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
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.
Proof of special damages in the Respondent's counterclaim
The counterclaim failed because the special damages of Kshs 539,980/- were not substantiated
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.
Legal principles established
#- 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
#- 1.The Respondent's counterclaim is dismissed
- 2.Judgment entered for the Claimant against the Respondent for Kshs 230,000/-
- 3.Costs of the suit to the Claimant
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.