Chabeda v Munywoki t/a Emba Safaris & Car Rentals & another (Claim E97630 of 2025) [2026] SCC 169 (KLR)
The bottom line
#A Nairobi court ordered a vehicle hire business to refund most of a customer's money after renting out an unsuitable car, awarding Kshs. 57,000 in total.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant proved the claim for refund of Kshs. 60,000/= on a balance of probabilities
The claim was partly successful; Kshs. 50,000/= awarded against the 1st respondent after deducting one day's usage.
The court found it undisputed that the vehicle was rented for 6 days at Kshs. 10,000/= per day and returned the next day due to unsuitability. The respondent's assertion that the claimant inspected the vehicle was unsupported, and defects such as a rocking back seat could be discovered only on use. Since the 1st respondent did not deny undertaking to refund within 14 days, the claim was awardable, save for one day's usage deducted.
Whether the defects complained of related to mobility or suitability of the vehicle
The complaint was one of suitability, not mobility/usability.
The claimant's case was that the door was not closing well and the back seat was rocking and unstable. The court distinguished usability from suitability, holding that such defects might not be apparent on inspection before payment but only once the vehicle was in use, undermining the respondent's inspection defence.
Whether the 2nd respondent was liable
The 2nd respondent was not liable as no contractual relationship was established.
Payment and communication were between the claimant and the 1st respondent only. There was no evidence tying the 2nd respondent to the hire agreement or the undertaking to refund, so no liability could attach to him.
Legal principles established
#- The standard of proof in civil claims is on a balance of probabilities.
- The burden of proving a fact lies on the person who wishes the court to believe in its existence.
Court orders
#- 1.Judgment entered in favour of the claimant as against the 1st respondent for the sum of Kshs. 50,000/=
- 2.The amount shall attract interest at court rate from the date of judgment till payment in full
- 3.The claimant is awarded costs of the claim assessed at Kshs. 7,000/=, to be settled by the 1st respondent only
- 4.The 1st respondent is granted 30 days stay of execution
- Jurisdiction invoked
- Section 30 of The Small Claims Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chabeda v Munywoki t/a Emba Safaris & Car Rentals & another (Claim E97630 of 2025) [2026] SCC 169 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/169/eng@2026-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.