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Kenya decisions
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Emerg Investment Limited v Skyline Sacco Limited [2025] KEELC 5192 (KLR)
The court held that a fixed-term lease could not be terminated by notice, found the defendant in breach, awarded the plaintiff Kshs. 2,803,600, and dismissed the counterclaim.
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.
Omondi & another v Otieno t/a Sifa School Siaya [2025] KEHC 8590 (KLR)
The High Court found that although the trial court's order for reconciliation of accounts and a grace period for payment of rent arrears was a departure from the pleadings, the appellants acquiesced to the process during trial and did not object or seek redress at the time. Therefore, their challenge to this order on appeal was rejected. However, the court held that the trial court erred in directing each party to bear its own costs, as the appellants were the successful parties, having been sued by a tenant who admitted to substantial rent arrears and breached the lease terms. The principle…
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Gateri v Otuke [2025] KEHC 8631 (KLR)
The High Court granted a stay of execution pending appeal, on condition that the appellant deposit the decretal sum in court and file the record of appeal within 14 days.
Africa v Northwest Offshore Limited & another [2025] KEBPRT 309 (KLR)
The Business Premises Rent Tribunal struck out a tenancy dispute for want of jurisdiction, finding the lease was a six-year agreement and not a controlled tenancy under Cap 301.
Nguu & another v Nyaga [2025] KEHC 7829 (KLR)
The court found that the appellants misrepresented their ownership of the leased land, inducing the respondent to enter into a lease agreement. This misrepresentation is a vitiating factor that renders the contract void ab initio. As a result, the terms of the agreement, including those relating to termination and liquidated damages, are unenforceable. The respondent is entitled to recover the lease amount paid as a debt, but not to liquidated damages or unproven expenses. The trial court's judgment was set aside and substituted with an order for the appellants to refund the lease sum with in…
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Katsuri Limited v Nyeri Wholesalers Limited [2025] KEELC 3636 (KLR)
The court held the lease at Kshs 100,000 per month was valid, rejected allegations of forgery, and upheld the defendant’s claim for rent arrears and mesne profits.
Patel & another v Race Auto Limited [2025] KEHC 4671 (KLR)
The High Court declined to review its earlier ruling, finding no error apparent on the face of the record and dismissing the motion with costs.
Kiptoo v North Eastern Investment Limited & another [2025] KEBPRT 222 (KLR)
The Tribunal upheld a preliminary objection, finding the lease was a six-year written tenancy without a termination clause and therefore outside its jurisdiction.
Muli v Mbuli & another [2025] KEHC 3745 (KLR)
The High Court lacks jurisdiction to hear disputes arising from the termination of a lease agreement concerning land, as such disputes fall within the exclusive jurisdiction of the Environment and Land Court (ELC) as they relate to the use and occupation of land.
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