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ELCDismissedELCLA No. E095 of 2024

Muchiri v Ciera (Environment and Land Appeal E095 of 2024) [2026] KEELC 4569 (KLR)

Environment and Land Court
16 July 2026
2,769 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court upheld a tribunal order protecting a shop tenant from eviction because the landlord skipped mandatory statutory notice steps under Cap. 301.

What this practically means

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Executive summary

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This is a first appeal to the Environment and Land Court at Nairobi against a Ruling of the Business Premises Rent Tribunal (Chairperson Hon. Cyprian Mugambi Nguthari) delivered on 28th June 2024 in BPRT Case No. E373 of 2024, in which the Tribunal restrained the Appellant/Landlord from evicting the Respondent/Tenant or attaching his property pending the hearing of the reference, and awarded the Tenant costs of that application. The Appellant argued that the Tribunal erred in ignoring admitted rent arrears of Kshs. 271,300/= evidenced by a Memorandum of Understanding dated 5th September 2017, and in granting what he contended were effectively final orders at an interlocutory stage. The Respondent maintained that the tenancy was a controlled tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301, that the Appellant had not issued the prescribed statutory notices before attempting eviction or distress, and that the orders merely preserved the status quo. Kullow J restated the duties of a first appellate court (Selle and Peters) and the principles governing interference with discretionary decisions (Mbogo v Shah). The Court held that Cap. 301 establishes a mandatory statutory code whose provisions must be strictly complied with, that questions of arrears, the effect of the Memorandum of Understanding and any set-off for improvements were matters for the substantive reference, and that the impugned orders were temporary and preservatory rather than final. Finding no error of principle, the Court dismissed the appeal, upheld the Tribunal's Ruling and Orders, and awarded the costs of the appeal to the Respondent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the learned Chairperson of the Business Premises Rent Tribunal erred in granting the interlocutory injunctive orders

Key legal issues

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01

Whether the Tribunal erred in granting interlocutory injunctive orders restraining eviction and attachment of property

Holding

The appeal was dismissed; the Tribunal judicially exercised its discretion in preserving the status quo where the landlord had not complied with the mandatory statutory notice provisions of Cap. 301.

Reasoning

The tenancy was a controlled tenancy under Cap. 301, whose termination provisions are mandatory and exclude self-help. The Tribunal's orders merely preserved the position pending the reference; they did not grant final relief or extinguish the Appellant's claim for rent arrears. In the absence of misdirection, irrelevant considerations or a plainly wrong decision, an appellate court will not interfere with an exercise of discretion under the Mbogo v Shah principles.

p. 11
02

Whether the alleged rent arrears of Kshs. 271,300/= and the Memorandum of Understanding justified interference with the interlocutory orders

Holding

No; those matters are the substance of the dispute pending before the Tribunal and require evaluation of evidence at the hearing of the substantive reference.

Reasoning

The Court held that whether the Respondent is indebted, whether the MOU amounted to an unequivocal admission, and whether improvements offset the arrears are evidentiary questions for the substantive reference. They could not be definitively determined at the interlocutory stage, and the impugned orders do not preclude the landlord from pursuing his remedies if breach or arrears are ultimately established.

p. 10

Legal principles established

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  • A first appellate court must re-evaluate the evidence and draw its own conclusions while making allowance for not having seen or heard the witnesses.
  • An appellate court will not interfere with the exercise of judicial discretion unless it is shown the discretion was exercised on wrong principles or the decision is plainly wrong.
  • A controlled tenancy may only be terminated in accordance with the mandatory statutory notice procedure under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301; self-help remedies are prohibited.
  • Interlocutory injunctions preserve the subject matter of the dispute pending determination and do not finally determine the parties' rights.

Court orders

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  1. 1.The Appeal is hereby dismissed.
  2. 2.The Ruling and Orders of the Business Premises Rent Tribunal delivered on 28th June 2024 in BPRT Case No. E373 of 2024 are hereby upheld.
  3. 3.The costs of this appeal are awarded to the Respondent.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

On appeal from
Business Premises Rent Tribunal
BPRT/E373 of 2024
Jurisdiction invoked
First appellate jurisdiction over appeals from the Business Premises Rent Tribunal

Relief refused

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Setting aside of the Tribunal's Ruling and Orders of 28th June 2024

The Court found no error of principle in the Tribunal's exercise of discretion; the orders were preservatory and did not finally determine the parties' rights.

p. 12

Vacant possession of the premises and judgment for Kshs. 271,300/= as urged in the Appellant's submissions

Whether the Respondent is indebted and the effect of the Memorandum of Understanding are matters for the substantive reference before the Tribunal, not the interlocutory appeal.

p. 11

Costs

The costs of this appeal are awarded to the Respondent.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The purpose of an interlocutory injunction is not to determine the rights of the parties with finality but to preserve the subject matter of the dispute pending its determination.
p. 11Nature of interlocutory injunctive relief
The Act establishes a statutory code intended to protect tenants and its provisions must be complied with strictly.
p. 10Mandatory statutory procedure for controlled tenancies
a) The Appeal is hereby dismissed.
p. 12Final orders - dismissal of appeal
b) The Ruling and Orders of the Business Premises Rent Tribunal delivered on 28th June 2024 in BPRT Case No. E373 of 2024 are hereby upheld.
p. 12Final orders - upholding the Tribunal's ruling
c) The costs of this appeal are awarded to the Respondent.
p. 12Final orders - costs

Issues in the judgment

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minor

The delivery date appears anomalous, stating 2026 though the appeal was filed in 2024 and submissions dated March 2025; the judgment text reads '16th day of July, 2026'.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Muchiri v Ciera (Environment and Land Appeal E095 of 2024) [2026] KEELC 4569 (KLR)", Case Analysis (2026). ELCLA No. E095 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4569/eng@2026-07-16

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