Can You Claim a Security Deposit Refund in Kenya’s Small Claims Court?
As a renter, you’ve probably paid a security deposit — that lump sum you give your landlord before moving in, meant to cover any damages or unpaid rent when you leave.
But what happens when your landlord refuses to refund it?
Ongoing debate over whether the Small Claims Court (SCC) can handle these disputes suggests the court does have the power to determine security deposit claims, while others leave the issue open-ended.
Let’s break it down.
The Legal Confusion: Rent vs. Security Deposits
In the case of Lisa Kristine Christoffersen vs. The Random Shop, Judge Majanja ruled that rent has a specific meaning and does not cover contracts for services.
This was a critical statement because, for SCC to handle security deposit claims, the deposit would need to be classified under “rent” or a related tenancy issue.
The question arises: Is a security deposit part of “rent,” or is it something entirely different?
In another case, Itakura v Odera, the same judge did not directly address this question, leaving the issue unresolved. This means different courts might interpret the law differently, leading to uncertainty for tenants and landlords alike.
Why This Matters for You
Many tenants struggle to recover their security deposits when moving out. If SCC has jurisdiction, it provides a quick and affordable way to get their money back. But if it doesn’t, tenants may have to go through the normal court process, which can be long, costly, and complicated.
A poll on this issue showed that 76.6% of respondents believe SCC should have jurisdiction, highlighting how important this issue is for many people.
What’s Next?
Since the law is not 100% clear, it is up to future cases to settle the matter.
More rulings will help clarify whether tenants can use SCC for security deposit claims or if they must pursue other legal options.
In the meantime, if you’re facing issues with a landlord refusing to refund your deposit, consider:
- Gathering proof—your lease agreement, payment receipts, and any communication with the landlord.
- Trying negotiation—sometimes a formal demand letter can resolve the issue.
- Exploring SCC as an option—if your claim is under Ksh 1 million, it might still be worth filing in Small Claims Court.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat at 0708111222.