Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedRuling on Notice of Motion dated 7th April 2025· [2026] KEELC 1652 (KLR)

Mt Kenya Sun Limited v Registered Trustees of the Agricultural Society of Kenya (Nairobi Branch) (Environment and Land Case E304 of 2025) [2026] KEELC 1652 (KLR)

Environment and Land Court
23 March 2026
1,953 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court let a tenant stay only if he clears Ksh 4.5 million in rent arrears on an agreed schedule, or faces eviction.

What this practically means

#

Executive summary

#
The defendant/applicant, a landlord, moved the court by notice of motion dated 7th April 2025 seeking to set aside status quo orders issued on 21st March 2025 and for leave to levy distress for rent arrears of Ksh 4,555,500 as at 20th March 2025 and to evict the plaintiff/respondent. He argued that the status quo orders contradicted the court's own ruling of 5th March 2025, which had dismissed the respondent's application for injunctive and status quo relief, and that the later orders were obtained by concealment of that fact. The respondent, who had filed an application dated 21st March 2025 for review and preservation of the suit property, opposed, contending that setting aside the orders would decide substantive issues at an interlocutory stage and prejudice third parties occupying the premises. The court framed two issues: whether the status quo orders should be set aside, and whether the applicant was entitled to leave to evict and levy distress. It found the review application disclosed no new evidence or error apparent on the record under Order 45 rule 1, and that the status quo orders were obtained by concealment of the active 5th March 2025 ruling, applying the Atlas Copco factors. The respondent admitted the arrears on oath but had paid only one month's rent. The court held the applicant entitled in principle to leave to evict and levy distress, but in the interest of justice allowed the status quo orders to subsist conditionally on the respondent settling the arrears under an agreed schedule, failing which distress and eviction would issue. Costs were awarded to the respondent.

Key legal issues

#
01

Whether the status quo orders of 21st March 2025 were obtained by concealment and should be vacated

Holding

The orders were obtained by concealment of facts, since the ruling of 5th March 2025 had already denied status quo orders and was still in effect; the court had discretion to vacate but chose conditional continuation.

Reasoning

The 5th March 2025 ruling had declined status quo orders. The subsequent application of 21st March 2025 did not disclose new evidence or an error apparent on the record under Order 45 rule 1, leaving only 'sufficient cause'. Had the court known an active ruling already denied the same orders, it would not have granted them. Applying Atlas Copco, the court had discretion to vary or vacate the orders in light of the new fact.

p. 3
02

Whether the applicant is entitled to leave to evict the respondent and levy distress for rent

Holding

Yes in principle, since arrears were admitted and unpaid, but the court made the entitlement conditional: the status quo orders subsist on the respondent settling the arrears per an agreed schedule, failing which leave for eviction and distress issues automatically.

Reasoning

The respondent admitted arrears on oath, had only paid April 2025 rent despite a schedule showing arrears from December 2023 to June 2025, and had not honoured an undertaking to pay. Third parties' interests and the availability of a less prejudicial remedy persuaded the court to adopt a conditional approach rather than immediate eviction.

p. 4

Legal principles established

#
  • An injunctive or status quo order obtained by concealment of material facts may be discharged, varied or set aside, especially where its sustenance would cause injustice.
  • A party who admits rental arrears on oath and fails to honour an undertaking to settle them cannot continue in occupation to the detriment of the landlord.
  • A court will decline to make orders that contradict an existing, unappealed and unstayed ruling of the same court.

Court orders

#
  1. 1.The applicant and the respondent should agree on the time frame within which the arrears in the sum of Ksh 4,555,500/= as at 20th March 2025 are to be cleared by the respondent
  2. 2.The respondent should produce a schedule based on the agreement on how the arrears will be cleared
  3. 3.Failure to comply with (i) and (ii), the applicant shall be at liberty to recover the arrears by levying distress for rent
  4. 4.Failure to comply with (i) and (ii), the applicant shall be entitled to commence the eviction process pursuant to the termination notice dated 3rd December 2025
  5. 5.Costs of the application to be borne by the respondent

Authorities

#

Legislation

  • Distress for Rent ActSection 3(1)
  • Civil Procedure RulesOrder 45 rule 1

Cases cited (6)

  • Thugi River Limited & Another v National Bank of Kenya Limited & 3 others
  • Nairobi Business Park Limited & Another v Kenya Forestry Service
    (2013) KEHC 3064 (KLR)
  • Fatuma Abdi Jillo v Kuro Lengesen & another
    (2021) eKLR
  • Lucy Ougo & 3 others v County Government of Nairobi & another
    (2021) KEELC 2580
  • Flex Construction Solutions Ltd v Verandel Court Limited
    Civil Suit 300 of 2012
  • Atlas Copco Customer Finance AB v Polarize Enterprises
    (2016) eKLR
Jurisdiction invoked
Original civil jurisdiction (landlord and tenant dispute); specific enabling provision not stated in the ruling

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mt Kenya Sun Limited v Registered Trustees of the Agricultural Society of Kenya (Nairobi Branch) (Environment and Land Case E304 of 2025) [2026] KEELC 1652 (KLR)", Case Analysis (2026). Ruling on Notice of Motion dated 7th April 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1652/eng@2026-03-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.