Kenya Case Law

Daniel v Kahihu (Sued as the Trustee for the Estate of, George Ndungu, Estate of Zacharia Ngugi, Ann Wahu Kahihu, Estate of Peter Kuria Kahihu, James Karanja Kahihu Thiongo & Martin Kahihu Muthiora)

Daniel v Kahihu (Sued as the Trustee for the Estate of, George Ndungu, Estate of Zacharia Ngugi, Ann Wahu Kahihu, Estate of Peter Kuria Kahihu, James Karanja Kahihu Thiongo & Martin Kahihu Muthiora) [2025] KEBPRT 220 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E1352 of 2024

Judges

Gakuhi Chege, J Osodo

The Tribunal upheld a notice to terminate a controlled tenancy for demolition and reconstruction, dismissed the tenant’s complaint, and ordered vacant possession.

• Controlled Tenancy
• Termination Of Lease
• Landlord And Tenant Disputes
• Notice Requirements
• Eviction Procedure
• Controlled-tenancy

Kiringo v Omondi

Kiringo v Omondi [2025] KEBPRT 200 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E018 of 2024

Judge

P Kitur

The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act grants the tribunal jurisdiction over controlled tenancies. A notice of termination was properly served under the Act's provisions, despite a minor error. The tenant breached the lease agreement by failing to pay rent arrears, providing grounds for the landlord's claim and subsequent orders for payment and vacant possession.

Source excerpt

• Controlled Tenancy
• Termination Of Lease
• Rent Arrears
• Service Of Notice
• Utility Bills
• Vacant Possession

Kwanza Estates Limited v Jomo Kenyatta University of Agriculture and Technology

Kwanza Estates Limited v Jomo Kenyatta University of Agriculture and Technology [2024] KESC 74 (KLR)

Court

Supreme Court

Case number

Petition E001 of 2024

Judges

MK Ibrahim, SC Wanjala, N Ndungu, I Lenaola, W Ouko

The Supreme Court held that Covid-19 did not frustrate the lease, but limited the landlord’s remedy to damages for breach, upheld restoration costs, and allowed partial relief.

• Commercial Leases
• Doctrine Of Frustration
• Force Majeure
• Covid 19 Contracts
• Termination Of Lease
• Damages For Breach

Kenyatta & another v Mosongo

Kenyatta & another v Mosongo [2024] KEBPRT 1333 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E076 of 2023

Judges

N Wahome, Joyce Murigi

The tribunal dismissed the tenant’s reference and injunction request, allowed the landlord to levy distress for arrears, and held the tenancy ended on 31 December 2021.

• Controlled Tenancy
• Distress For Rent
• Mesne Profits
• Termination Of Lease
• Injunctive Relief
• Controlled-tenancy

Juma v Dincom Ltd & another

Juma v Dincom Ltd & another [2024] KEHC 9344 (KLR)

Court

High Court

Case number

Civil Case 124 of 2012

Judge

SC Chirchir

The court held that both the Plaintiff and Defendants submitted to its jurisdiction by failing to invoke arbitration at the appropriate procedural stage, thus waiving the right to insist on arbitration. The issue of who was liable for rent was determined in a prior ruling, rendering it res judicata; the Plaintiff, as occupier, was liable for rent during her occupation. The Plaintiff admitted part of the arrears but failed to prove payment or contest the 2nd Defendant's evidence, so the court accepted the 2nd Defendant's claim for arrears, less the refundable deposit. The Plaintiff was not lia…

Source excerpt

• Lease Agreements
• Franchise Disputes
• Rent Arrears
• Termination Of Lease
• Arbitration Clauses
• Res Judicata

Mutura v Kagombe

Mutura v Kagombe [2024] KEELC 5089 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2023

Judge

LN Gacheru

The court upheld a tribunal decision on a controlled tenancy dispute, finding the landlord’s non-renewal notice substantially complied with the statutory requirements.

• Controlled Tenancy
• Termination Of Lease
• Notice Requirements
• Business Premises Rent Tribunal
• Appeals Process
• Controlled-tenancy

Liberatta N. Kamaru t/a St. Anne Lifred Academy v Estate of Mathew Ndungu Kimani & another

Liberatta N. Kamaru t/a St. Anne Lifred Academy v Estate of Mathew Ndungu Kimani & another [2024] KEBPRT 872 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E128 of 2023

Judge

A Muma

The Tribunal dismissed a tenant’s challenge to termination of a controlled tenancy, upheld the lease-based notice, and ordered vacant possession and rent arrears.

• Controlled Tenancy
• Termination Of Lease
• Distress For Rent
• Rent Arrears
• Vacant Possession
• Controlled-tenancy

Gadano General Trading Company Ltd v Alcon Holdings Limited

Gadano General Trading Company Ltd v Alcon Holdings Limited [2024] KEHC 7475 (KLR)

Court

High Court

Case number

Civil Suit E167 of 2023

Judge

JN Mulwa

The court found that both the plaintiff and the defendant's affidavits established a reasonable apprehension that the defendant may not be able to satisfy the judgment sum should the plaintiff succeed. The defendant's only known property had been sold, its directors were foreign or deceased, and there was insufficient evidence of the company's ability to pay. The court held that, in the circumstances, it was appropriate to issue summons for the defendant's administrators and directors to attend court and show cause why they should not furnish security for the claimed sum, rather than granting…

Source excerpt

• Attachment Before Judgment
• Security For Costs
• Lease Disputes
• Termination Of Lease
• Recovery Of Construction Costs

Swan Centre Limited v Kisumu House of Lighting & Décor Limited

Swan Centre Limited v Kisumu House of Lighting & Décor Limited [2024] KEHC 4480 (KLR)

Court

High Court

Case number

Civil Appeal E014 of 2022

Judge

RE Aburili

High Court appeal over rent arrears and lease termination dismissed after finding constructive eviction under section 77 of the Land Act.

• Commercial Leases
• Constructive Eviction
• Rent Arrears
• Security Deposit
• Termination Of Lease
• Burden Of Proof

Raggot v Murigi & another

Raggot v Murigi & another [2024] KEBPRT 207 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E870 of 2023

Judge

N Wahome

The Tribunal held the lease expired on 1 August 2023, dismissed the tenant’s unproven improvement claims, and allowed distress, vacant possession, and costs for the landlord.

• Controlled Tenancy
• Distress For Rent
• Mesne Profits
• Termination Of Lease
• Special Damages
• Costs Award