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Kenya decisions
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Keli v Wambua [2025] KEBPRT 342 (KLR)
The Tribunal allowed the tenant’s reference, finding the landlord failed to prove rent arrears, subletting, or a valid need for renovation or reconstruction.
Trent Koutsoubos Jonathan t/a Sinitek Music Limited v NBST Heltz Limited [2025] KEBPRT 338 (KLR)
The Tribunal held that a controlled tenancy existed and dismissed a preliminary objection, finding it had jurisdiction to hear the dispute.
Ngwiri v Wanyange & 2 others (Sued as the Administrator of the Estate of the Late Kariu Nyange) [2025] KEBPRT 327 (KLR)
The Tribunal allowed a tenant’s reference, holding a notice to terminate tenancy was premature because the landlord’s interest in the estate had not yet been created.
Delmonte Kenya Limited v Goshen Gardens Limited & another [2025] KEELC 5256 (KLR)
The court found that the only valid lease was between the plaintiff and the 1st defendant, which expired by effluxion of time. No lease was ever executed between the plaintiff and the 2nd defendant. The 2nd defendant's occupation was not supported by any concluded agreement or enforceable representation by the plaintiff. The acceptance of rent by the plaintiff was expressly on a 'without prejudice' basis and did not create a tenancy. The doctrine of proprietary estoppel was not established as there was no clear, unequivocal representation or detrimental reliance. The claim of a controlled ten…
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Maina v Nure [2025] KEBPRT 318 (KLR)
The Tribunal held the tenancy was a controlled tenancy, found the termination notice invalid, and ordered the tenant restored to quiet possession.
Gitonga v Njoroge [2025] KEBPRT 315 (KLR)
The tribunal dismissed a landlord’s preliminary objection, holding that an unwritten tenancy fell within controlled tenancy jurisdiction under Cap. 301.
Fuks v Cotswold Estate Limited [2025] KEBPRT 336 (KLR)
The Tribunal held the landlord’s eviction and arrears application was premature, since the tenant’s reference was pending and the notice was suspended under Cap 301.
Miano & 2 others v Janet Kimathi Mbaka t/a Branden Junior School [2025] KEELC 4979 (KLR)
The court granted a stay of execution pending appeal, but only on condition that the applicants deposit KES 4,172,188 in court within 45 days.
Kamau v Mary [2025] KEHC 9497 (KLR)
The High Court found that the tenancy agreement between the parties was a controlled tenancy under Cap. 301 and that its termination required strict compliance with statutory procedures, including issuance of a formal notice. The Appellant did not issue such notice, rendering her actions in re-letting the premises unlawful. However, the agreement did not provide for refund of renovation costs; instead, it required the tenant to remove his developments and restore the premises upon cessation of tenancy. The trial court erred in awarding the Respondent compensation for renovations, as this was…
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Nzioka v Shecodily Enterprises [2025] KEELC 4862 (KLR)
The court found that the preliminary objection raised before the Tribunal was not a pure point of law because it required the determination of disputed facts, specifically whether the premises were commercial or residential. The Tribunal's jurisdiction depended on the nature of the premises, and since the evidence, including the inspection report, was inconclusive and required interrogation, the objection could not be determined without examining facts. Therefore, the Tribunal erred in upholding the preliminary objection and declining jurisdiction without fully considering the evidence. The a…
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