The High Court sitting in Nairobi has ruled that the Small Claims Courts lack the jurisdiction to hear and determine cases on wrangles touching on rent or rental arrears.

In his ruling on Tuesday, Justice David Majanja intimated that the cases touching on rent should instead be handled and determined by the Environment and Land Court.

“As regards the other categories in section 12(1)(b), (c) and (d) of the SCCA, it is clear that a claim for rent does not fall within the sphere of “money held and received’’ as the landlord in a claim for rent arrears does not hold any money that is due to a tenant,” ruled Majanja.

Justice Majanja, in his ruling, indicated that jurisdiction was an essential matter before the court and without it the it could proceed to deal with the rental case before it.

“Nor does a claim for rent give rise to tortious liability or a claim for compensation for injuries. I, therefore, find and hold that a claim for rent or rent arrears is outside the jurisdiction of the Small Claims Court and ought not to have been entertained.”

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His ruling was made in an appeal filed on a judgment in which the Small Claims Court had dismissed a claim by Kavneet Kaur for Sh1 million from Lisa Kristine in outstanding rent.

Kavneet demanded the amount in his Statement of Claim dated December 6, 2021, arguing that in 2020, Lisa rented his Tchui Lane house in Muthaiga for a monthly rent of Sh150,000.

David Majanja. PHOTO/ZAKHEEM RAJAN

According to his claim, Lisa rented the Muthaiga house for six months but failed to remit the required rent of Sh900,000 for the entire period of stay.

In the appeal filed in court, Lisa denied owing Kavneet the alleged Sh1 million in rent asking the High Court to dismiss the case amid claims that she had admitted owing the amount.

Based on his findings on jurisdiction, Justice Majanja dismissed the appeal and referred it to the Environment and Land Court based on Article 162(2)(b) of the Constitution.

“As this is an appeal from the decision of the Small Claims Court, section 38 of the SCCA provides for appeals to the High Court and this court has jurisdiction to determine the appeal including the question of whether the Subordinate Court has jurisdiction,” he added.