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Small ClaimsPartially AllowedNot stated in the judgment· [2026] SCC 169 (KLR)

Chabeda v Munywoki t/a Emba Safaris & Car Rentals & another (Claim E97630 of 2025) [2026] SCC 169 (KLR)

Small Claims Court
17 July 2026
747 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The claimant sued for a refund of Kshs. 60,000/=, alleging he hired motor vehicle KDB 324J, paid in full, but returned it the following day because the door would not close and the back seat was rocking and unstable. The 1st respondent admitted the hire agreement but denied the vehicle was faulty, contending the claimant had inspected it before paying and had already used one day. The 2nd respondent was alleged to be jointly liable. The claim proceeded by way of submissions under Section 30 of the Small Claims Court Act. The court framed one issue: whether the claimant proved the claim on a balance of probabilities, citing the Court of Appeal in Mumbi M'Nabea v David M. Wachira and Sections 107-109 of the Evidence Act. It held that the hire, payment and return of the vehicle the next day were undisputed; the complaint concerned suitability, not mobility, and defects such as a rocking back seat could only be discovered on use, so the inspection defence failed. As the 1st respondent did not deny undertaking to refund within 14 days, the claim was awardable, but Kshs. 10,000/= was deducted for one day's usage. The 2nd respondent was absolved for want of a contractual relationship. Judgment was entered for Kshs. 50,000/= against the 1st respondent with interest at court rate, costs of Kshs. 7,000/=, and a 30-day stay of execution.

Key legal issues

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01

Whether the claimant proved the claim for refund of Kshs. 60,000/= on a balance of probabilities

Holding

The claim was partly successful; Kshs. 50,000/= awarded against the 1st respondent after deducting one day's usage.

Reasoning

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.

p. 2
02

Whether the defects complained of related to mobility or suitability of the vehicle

Holding

The complaint was one of suitability, not mobility/usability.

Reasoning

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.

p. 2
03

Whether the 2nd respondent was liable

Holding

The 2nd respondent was not liable as no contractual relationship was established.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.Judgment entered in favour of the claimant as against the 1st respondent for the sum of Kshs. 50,000/=
  2. 2.The amount shall attract interest at court rate from the date of judgment till payment in full
  3. 3.The claimant is awarded costs of the claim assessed at Kshs. 7,000/=, to be settled by the 1st respondent only
  4. 4.The 1st respondent is granted 30 days stay of execution
Jurisdiction invoked
Section 30 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, "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.