Rongai Rhumba House Limited v Ariwi & 8 others (Environment and Land Case E131 of 2024) [2026] KEELC 2925 (KLR)

Applying the conjunctive test in Section 7 of the Civil Procedure Act as explained in IEBC v Maina Kiai, the court found that all elements were not satisfied. The BPRT proceedings were strictly limited to the tenancy termination under Cap 301, while the current suit introduces trespass, conversion, illegal eviction, constitutional violations under Articles 40 and 43, and eight additional defendants who were not parties to the earlier suits.

While accepting the principle in Macharia v Kenya Commercial Bank that jurisdiction flows only from the Constitution or legislation, the court contrasted the BPRT's narrow statutory mandate under Section 12(1) of Cap 301 with the ELC's robust jurisdiction under Article 162(2)(b) and Section 13(1) of the Environment and Land Court Act over disputes relating to the use and occupation of land. Tortious claims of trespass, destruction of property and unlawful eviction fall within the latter.

Relying on DT Dobie & Company (Kenya) Ltd v Muchina, the court held that a suit should only be summarily dismissed where it is plainly hopeless and discloses no reasonable cause of action. The Plaintiff's suit raises substantive and triable issues regarding multi-party liability, constitutional violations and tortious damages that transcend a mere landlord-tenant dispute; summarily dismissing it would violate access to justice.