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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.
Peter H.A Omedo t/a Littlewoods Consultancy v Maendeleo Ya Wanawake Organisation [2025] KEELC 5146 (KLR)
The Environment and Land Court dismissed a stay application in a land appeal, finding the applicant had not shown substantial loss despite filing without delay.
Syan & 2 others v Kihoro [2025] KEELC 5176 (KLR)
The court found that the plaintiffs had proved their claim for rent arrears against the defendant, who continued to occupy the suit premises after expiry of the lease without paying rent and without the plaintiffs' consent. The defendant failed to tender any evidence or submissions to challenge the plaintiffs' case. The court held that the plaintiffs were entitled to rent arrears for the period of unlawful occupation, calculated from the date of filing suit up to the date of eviction, amounting to Ksh. 6,120,000. The court declined to award mesne profits as this was not specifically pleaded,…
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Ng’inja v Gudah [2025] KEELC 5127 (KLR)
The court found that the appellant's application for stay of execution was brought after unreasonable delay, as it was filed a day before the expiry of the period granted by the Tribunal for her to vacate the premises. The court further held that the appellant failed to demonstrate that she would suffer substantial loss if the stay was not granted, noting that she had been given ample time (over six months) to secure alternative accommodation. The court was not convinced by the appellant's arguments regarding hardship or the presence of school-going children, and determined that the requireme…
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Milly Glass Works Limited v Kenya Railways Corporation [2025] KEELC 5069 (KLR)
The court dismissed a res judicata objection and granted a temporary injunction restraining Kenya Railways from distressing for rent over a disputed arrears demand.
Kiura v Nzango [2025] KEBPRT 323 (KLR)
The tribunal entered judgment for the landlord for Kshs. 740,000 in rent arrears, allowed distress for recovery, and awarded Kshs. 50,000 in costs.
Ratemo v Kuronoi [2025] KEBPRT 322 (KLR)
The tribunal granted the tenant interim quiet possession of the premises pending hearing of the reference, conditioned on payment of admitted rent arrears and ongoing rent.
Rehema Holding Limited v Lawi Designs Limited [2025] KEBPRT 319 (KLR)
The tribunal found the tenant owed Kshs.92,000 in rent arrears, allowed the landlord’s application and reference, and awarded costs.
Korado v Mungatana [2025] KEHC 9043 (KLR)
The court found that the respondent had discharged the burden of proof regarding rent arrears by producing a reconciled statement of account, and the appellant failed to provide any credible evidence to controvert it, such as mpesa or bank statements. The tenancy agreement clearly obligated the appellant to pay all utility bills, and she admitted liability but failed to produce proof of payment. Regarding repairs, the court accepted the respondent's evidence, including expert reports and photographs, which showed substantial damage beyond normal wear and tear. The appellant did not object to…
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Excelligent Solutions Limited v Family Health Options Kenya [2025] KEELC 4752 (KLR)
The court dismissed the tenant’s injunction bid and ordered renovations on the premises to stop, finding unresolved rent arrears and unauthorized works.
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