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Small ClaimsStruck OutNot stated in the judgment· [2026] SCC 151 (KLR)

Ellah v Muga (Commercial Case E332 of 2026) [2026] SCC 151 (KLR)

Small Claims Court
19 June 2026
TWTheresa Wangeka
892 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Small Claims Court cannot hear rent arrears claims — landlords must file these cases elsewhere, such as the Environment and Land Court or Business Premises Rent Tribunal.

What this practically means

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Executive summary

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This ruling of the Small Claims Court at Mombasa, delivered by Hon. Theresa Wangeka, Resident Magistrate/Adjudicator, determines a Preliminary Objection dated 4th May 2026 raised by the Respondent challenging the court's jurisdiction to hear a Claim for rent arrears. The Respondent relied on Section 12 of the Small Claims Court Act, submitting that jurisdiction is conferred only by the Constitution and statute, citing Cheruiyot v Kikaya. The Claimant opposed, asserting the claim was a civil claim arising from obligations between the parties within the pecuniary limits of the Act, and relied on Ng'ang'a v Matheri, arguing that where parties agree on the amount due, the dispute becomes a debt recovery claim. The court adopted the Mukisa Biscuit definition of a preliminary objection as endorsed by the Supreme Court in Hassan Ali Joho v Suleiman Said Shahbal, framed the sole issue as whether the court has jurisdiction, and applied the locus classicus in Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd. The court held that Article 169(1)(d) establishes the Small Claims Court as a subordinate court and Section 12 does not enumerate rent arrears claims among matters the court may determine, following Christofierson v Kaveneet Kaur Sehmi and Home Seekers Limited v Milicent Wanjiku Macharia on the exclusion of tenancy disputes. The Preliminary Objection succeeded; the claim for Kshs. 138,000/- in rent arrears was struck out with no orders as to costs.

Key legal issues

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01

Jurisdiction of the Small Claims Court over rent arrears claims

Holding

The court lacks jurisdiction to entertain claims for rent arrears, such claims not falling within the categories of civil claims enumerated in Section 12 of the Small Claims Court Act

Reasoning

The court traced jurisdiction to Article 169(1)(d) of the Constitution and Section 12 of the Small Claims Court Act, which enumerates the civil claims the court may determine, including contracts for sale of goods or services and money held and received, limited to Kshs. 1,000,000. Rent arrears claims are not among the enumerated categories. The court relied on Christofierson v Kaveneet Kaur Sehmi and Home Seekers Limited v Milicent Wanjiku Macharia holding that the Small Claims Court lacks jurisdiction over rental and tenancy disputes. The claim for Kshs. 138,000/- in rent arrears fell outside jurisdiction.

p. 2

Legal principles established

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  • The Small Claims Court has no jurisdiction under Section 12 of the Small Claims Court Act to entertain claims for rent arrears or tenancy disputes

Court orders

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  1. 1.The Preliminary Objection dated 4th May 2026 succeeds
  2. 2.The claim is struck out for lack of jurisdiction
  3. 3.No orders as to costs
Jurisdiction invoked
Article 169(1)(d) of the Constitution of Kenya, 2010 and Section 12 of the Small Claims Court Act

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, "Ellah v Muga (Commercial Case E332 of 2026) [2026] SCC 151 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/151/eng@2026-06-19

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