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Small ClaimsStruck OutNot stated in the judgment· [2026] SCC 147 (KLR)

Kegondi v Mukoro (Commercial Case E077 of 2026) [2026] SCC 147 (KLR)

Small Claims Court
10 July 2026
AOA.Z. OGANGE
626 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Small Claims Court cannot hear land disputes, even when dressed up as a money claim — file lease matters in the Environment and Land Court.

What this practically means

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Executive summary

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The Claimant sued for Kshs. 321,475.00, alleging that he and the Respondent entered into a lease agreement over a portion of land parcel Bokoli/Kituni/1209 for sugarcane farming over three harvests at a consideration of Kshs. 25,000/=. He completed only one harvest before the Respondent allegedly breached the agreement by denying him access and fencing off the land; he sought recovery of the money lost for the two remaining harvests. The Respondent denied the claim in its entirety. At the hearing on 19th June 2026 both parties testified and later filed submissions. The court identified a single core issue: its own jurisdiction. Although the claim was presented as one for monetary compensation, the Adjudicator found that its foundation was the alleged wrongful deprivation of the Claimant's right to occupy and utilise agricultural land under a lease, requiring determination of the parties' rights and obligations under the lease, possession, alleged breach in non-payment of the balance of consideration, the effect of the subsequent sale to a third party, and whether the Claimant's occupation exceeded the agreed half acre. Those are matters concerning interests in, occupation of and use of land, within the exclusive jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution and the Environment and Land Court Act, and expressly excluded from the Small Claims Court by Section 13(5) of the Small Claims Court Act. The claim was struck out with costs to the Respondent assessed at Kshs. 15,000/=.

Key legal issues

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Whether the Small Claims Court has jurisdiction over a claim for compensation for loss of unexpired lease harvests

Holding

The court lacks jurisdiction and struck out the claim

Reasoning

Though framed as a monetary claim, the foundation is the alleged deprivation of the Claimant's right to occupy and use agricultural land under a lease. Determining entitlement would require interrogating the parties' rights and obligations under the lease, possession, breach, and effect of the sale to a third party - all issues concerning interests in land reserved to the Environment and Land Court under Article 162(2)(b) and excluded from the Small Claims Court by Section 13(5) of the Small Claims Court Act.

p. 2

Legal principles established

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  • The Small Claims Court lacks jurisdiction over disputes touching on interests in, occupation of and use of land, even where the claim is presented as one for monetary compensation
  • Section 13(5) of the Small Claims Court Act expressly excludes disputes relating to title and possession of land from the Small Claims Court's jurisdiction

Court orders

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  1. 1.The claim is struck out for lack of jurisdiction
  2. 2.Costs to the Respondent, assessed at Kshs. 15,000/=
Jurisdiction invoked
Small Claims Court Act, Sections 12 and 13(5); Article 162(2)(b) of the Constitution and the Environment and Land Court Act (exclusive jurisdiction over the subject matter)

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, "Kegondi v Mukoro (Commercial Case E077 of 2026) [2026] SCC 147 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/147/eng@2026-07-10

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