https://new.kenyalaw.org/akn/ke/judgment/scc/2026/130
The Claimant failed to discharge the burden of proof. The evidence showed the Respondent had correctly disclosed the listing terms, had taken steps to address the power and air conditioning issues, and the Claimant chose to remain at the apartment rather than cancel and obtain a refund. The claim therefore failed.
Source-derived case information.
- Citation
- [2026] SCC 130 (KLR)
- Parties
- Claimant: Oliscene Walukwe; Respondent: Esther Okoth
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E240 of 2026
- Procedural Posture
- Commercial Dispute Arising From Airbnb Accommodation Booking / Judgment
- Outcome
- Claim dismissed
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Burden of Proof, Contractual Terms in Online Booking Listings, Service Quality Dispute, Airbnb Accommodation Dispute, Refund Entitlement, Claims Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oliscene Walukwe
Claimant
Esther Okoth
Respondent
Procedural Posture
Commercial Dispute Arising From Airbnb Accommodation Booking / Judgment
Legal Issues
- 1 Whether the Respondent was properly sued as the host of the booked apartment
- 2 Whether the Claimant proved that the apartment was uninhabitable or deficient due to lack of power, air conditioning, and cleanliness
- 3 Whether the Respondent breached the booking terms and caused the Claimant loss
Ratio Decidendi
The Claimant failed to discharge the burden of proof. The evidence showed the Respondent had correctly disclosed the listing terms, had taken steps to address the power and air conditioning issues, and the Claimant chose to remain at the apartment rather than cancel and obtain a refund. The claim therefore failed.
Court Disposition
Claim dismissed
Orders
- No orders as to costs
Full Case Text
Judgment text and source record
1 paragraphs
Walukwe v Okoth (Commercial Case E240 of 2026) [2026] SCC 130 (KLR) (14 May 2026) (Judgment) Neutral citation: [2026] SCC 130 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case E240 of 2026 TN Mwangeka, RM May 14, 2026 Between Oliscene Walukwe Claimant and Esther Okoth Respondent Judgment 1.In rendering judgment, the court has considered the pleadings filed and respective documents in support as well as submissions by the respective parties and renders itself as follows; 2.The Court has considered the pleadings herein as well as written submissions by both parties and finds that the Claimant has proved that she booked an Apartment hosted by the Respondent through the Airbnb platform as evidenced by the screenshot of the booking details for Kshs. 5,705/-. The court therefore finds that the Respondent is properly sued. 3.It has been proven from the evidence on record that the Claimant booked a stay at the Respondent’s apartment on 28th February 2026. Further, upon checking in, the Claimant found the said apartment to be without power and upon inquiry was informed that it was due to an area wide black out. Message chat screenshots filed by the Claimant confirm this position. 4.Additionally, per the text messages, the lack of air conditioning was attributed to low tokens and depletion of the same by the Claimant after an electrician sent by the Respondent came to establish the problem. The Respondent therefore took active steps 5.to remedy the situation. Moreover, as per Respondent Exhibit titled Listing 6.Descriptions the use of Air Conditioning is on the Client’s bill and not the host. 7.The loss she suffered can therefore not be attributed to the Respondent as the terms of use are clearly spelt out in the listing descriptions. It has also not been proven that the apartment was uninhabitable as claimed by the Claimant on account of it being dirty. 8.The Claimant had the option to cancel her stay at the Respondent’s apartment and would have been eligible for a refund. However, the Claimant opted to stay on at the apartment. 9.Section 107 of the Evidence Act robes the Claimant with the burden to prove its case on a balance of probabilities against the Respondent. In the instant case, from the evidence on record, the burden has not been discharged.The upshot is that the claim is dismissed with no orders as to costs. DATED SIGNED AND READ VIRTUALLY AT THIKA THE 14th DAY OF MAY 2026HON. THERESA N. MWANGEKA RESIDENT MAGISTRATE/ADJUDICATORIn the presence of;Ms. Odoyo...for Claimant;Mr. Birir… for Respondent C/A EstherSigned By/for:HON. THERESA N. MWANGEKA