Kenya Case Law

Muhembeli v Limo & 3 others

Muhembeli v Limo & 3 others [2025] KEELC 5109 (KLR)

Court

Environment and Land Court

Case number

Environment & Planning Appeal E002 of 2023

Judge

A Nyukuri

The court found that the appellant had never entered into any tenancy agreement with the 1st to 3rd respondents nor received rent from them. The statutory definition of 'landlord' requires entitlement to rent under a tenancy, which the appellant failed to demonstrate. The tribunal’s jurisdiction is confined to landlord-tenant disputes, not ownership or succession issues, which fall under the Environment and Land Court. The appellant’s claim was based solely on ownership, not on any landlord-tenant relationship, and thus could not succeed before the tribunal. The award of costs by the tribunal…

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• Landlord Tenant Relationship
• Tenancy Agreements
• Ownership Vs Possession
• Jurisdiction Of Tribunals
• Award Of Costs

Talent Academy Limited v Embu High School Limited

Talent Academy Limited v Embu High School Limited [2025] KEHC 8992 (KLR)

Court

High Court

Case number

Civil Case E217 of 2023

Judge

JN Mulwa

The court held that while the tenancy agreement contained an arbitration clause, such a clause does not automatically oust the court's jurisdiction. The proper procedure for invoking an arbitration clause is by way of a formal application for stay of proceedings under section 6(1) of the Arbitration Act, not by preliminary objection. The defendant failed to file such an application and instead raised a preliminary objection, which is not the correct legal procedure for seeking referral to arbitration. The court found no merit in the defendant's objection to jurisdiction and striking out of th…

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• Arbitration Clauses
• Preliminary Objection
• Jurisdiction Of Court
• Stay Of Proceedings
• Mediation Requirement
• Tenancy Agreements

Diriye v Silver Dash Limited; Mohamed (Interested Party)

Diriye v Silver Dash Limited; Mohamed (Interested Party) [2025] KEBPRT 172 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E1234 of 2024

Judge

CN Mugambi

The Tribunal dismissed a tenant’s applications and reference, finding the tenancy terms were unclear, the premises had been re-let, and the dispute was overtaken by events.

• Landlord Tenant Disputes
• Tenancy Agreements
• Rent Arrears
• Injunctive Relief
• Landlord-tenant-disputes
• Rent-arrears

Egerton University Retirement Benefits Scheme v Chandarana Supermarket Limited

Egerton University Retirement Benefits Scheme v Chandarana Supermarket Limited [2025] KEBPRT 190 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E100 of 2024

Judge

P Kitur

The tribunal held it lacked jurisdiction because the tenancy was a written 11-year agreement, not a controlled tenancy under Cap 301, so the landlord’s reference was struck out.

• Controlled Tenancy
• Jurisdiction Of Tribunal
• Preliminary Objection
• Tenancy Agreements
• Striking Out Proceedings
• Controlled-tenancy

Abdi v Ahmed

Abdi v Ahmed [2025] KEHC 2556 (KLR)

Court

High Court

Case number

Civil Appeal E007 of 2024

Judge

JN Onyiego

The appellant was properly sued individually because the tenancy agreement was entered into in his private capacity along with two others for the purpose of a business venture (Khalifa High School), not as a contractual party acting officially on behalf of a legally registered school entity. The appellant breached the contract by terminating it prematurely without proper notice to the landlady, and the respondent proved the outstanding rent arrears and breach of contract.

Source excerpt

• Tenancy Agreements
• Breach Of Contract
• Rent Arrears
• Counterclaims
• Burden Of Proof

Kahumbura v Njuguna

Kahumbura v Njuguna [2024] KEHC 14437 (KLR)

Court

High Court

Case number

Civil Appeal E624 of 2022

Judge

MA Otieno

The High Court partly allowed a tenancy appeal, holding that the tenant breached the notice clause, the landlord could retain the deposit, and June rent remained due.

• Tenancy Agreements
• Breach Of Contract
• Refund Of Rent
• Notice Periods
• Special Damages
• Remedies For Breach

Masia & 2 others v Mwangi & another; Kimani & another (Interested Parties)

Masia & 2 others v Mwangi & another; Kimani & another (Interested Parties) [2024] KEELC 7250 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E080 of 2024

Judge

LN Mbugua

The court dismissed a jurisdictional preliminary objection, holding that a six-year written tenancy removed the dispute from controlled-tenancy status.

• Controlled Tenancy
• Jurisdiction Of Court
• Business Premises Rent Tribunal
• Tenancy Agreements
• Rent Disputes
• Controlled-tenancy

Miang Enterprises Ltd v Kenya Ports Authority Pension Scheme; Rariga Traders Auctioneers (Auctioneer)

Miang Enterprises Ltd v Kenya Ports Authority Pension Scheme; Rariga Traders Auctioneers (Auctioneer) [2024] KEBPRT 848 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E326 of 2023

Judges

Gakuhi Chege, J Osodo

The Tribunal held it lacked jurisdiction because the tenancy was for six years, outside the controlled tenancy regime, and struck out the tenant’s suit.

• Controlled Tenancy
• Jurisdiction Of Tribunal
• Distress For Rent
• Tenancy Agreements
• Controlled-tenancy
• Tribunal-jurisdiction

Nderi & another v Paul Otieno Olewe t/a Min Piny International Limited

Nderi & another v Paul Otieno Olewe t/a Min Piny International Limited [2024] KEBPRT 400 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E453 of 2023

Judges

A Muma, J Rop

The Tribunal found it had jurisdiction to hear and determine the dispute, including granting injunctions, as provided under the Constitution and the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. The eviction notice issued by the Landlord was invalid for failing to comply with the mandatory three-month notice period and for not specifying grounds for termination as required by the Act and the lease agreement. However, the lease had expired by effluxion of time, rendering the tenancy void. The Tribunal determined the rent payable based on the written agreement, rejecting…

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• Controlled Tenancy
• Rent Arrears
• Eviction Notices
• Jurisdiction Of Tribunal
• Tenancy Agreements

Madedo v Nzano

Madedo v Nzano [2024] KEBPRT 256 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E135 of 2023

Judge

N Wahome

The tribunal found that the notice of termination issued by the landlord was unlawful and void for failing to comply with the statutory requirement of at least two months' notice under Section 4(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. The tenancy agreement between the parties, dated 4/1/2021, was for a fixed term of two years and lapsed on 4/1/2023, with no evidence of renewal or intention to renew by either party. The landlord failed to prove the existence of rent arrears, as the tenant provided receipts and the landlord's claims were inconsistent and u…

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• Controlled Tenancy
• Termination Of Tenancy
• Rent Arrears Disputes
• Tenancy Agreements
• Eviction Proceedings