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ELCAllowedELCLA No. E032 of 2025

Iqbaal, Whitley Investment Limited, Homeplus Realtors Limited & Pyramid Auctioneers v Abdikadir Elmi Rooble, Abdulkader Hussein Suriya, Hanifa Abdulkader Hussein Suriya Adil, Abdulkader Suriya & Muhammed Abdulkader Suriya

Environment and Land Court of Kenya
24 September 2026
2,991 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ruled the Rent Tribunal had no power over a ten-year lease, striking out the case and awarding the landlords costs.

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 Milimani against the entire judgment of the Business Premises Rent Tribunal at Nairobi delivered by Hon. Mike Makori on 20th January 2025 in BPRT/E095/2024 as consolidated with BPRT/E1130/2023. The dispute concerned premises on L.R. No. 209/1655/2. The Appellants contended that a written Lease dated 13th May 2021 between Whitley Investment Limited and the 1st Respondent created a ten-year term (1st May 2021 to 30th April 2031), outside the definition of a controlled tenancy under section 2(1) of Cap. 301, depriving the Tribunal of jurisdiction. The Tribunal had found no binding contractual agreement, classified the tenancy as controlled, assumed jurisdiction, and ordered a joint valuation of the premises with the value of structures to be converted into ground rent or compensation. Mohammed N. Kullow J framed two issues: jurisdiction and the propriety of the Tribunal's evaluation of evidence. On the first, the Court held that the executed ten-year lease, lacking any termination provision within the first five years, was not a controlled tenancy; the Tribunal's power under section 12(1)(a) to determine the tenancy's nature did not extend to exercising substantive powers over a tenancy outside section 2(1). On the second, the Court held the Tribunal failed to evaluate the evidence as a whole, disregarding the lease and the 1st Respondent's admissions, and that its valuation orders left essential facts unproven, contrary to sections 107-109 of the Evidence Act. The appeal was allowed, the Tribunal's judgment and consequential orders set aside, both references struck out for want of jurisdiction, and the Appellants awarded costs of the Tribunal proceedings and the appeal.

Questions the Court framed

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

  1. 1.Whether the Tribunal had jurisdiction to determine the dispute.
  2. 2.Whether the Tribunal properly evaluated the evidence and whether its findings and orders were supported by the evidence and the law.

Key legal issues

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01

Whether the Tribunal had jurisdiction over the dispute

Holding

The tenancy was governed by an executed written lease for ten years with no early termination provision, so it was not a controlled tenancy and the Tribunal lacked jurisdiction.

Reasoning

Section 2(1) of Cap. 301 defines a controlled tenancy as one not reduced into writing, or in writing for a period not exceeding five years or terminable within five years. The lease of 13th May 2021 between Whitley Investments Limited and the 1st Respondent was for ten years (1st May 2021 to 30th April 2031) with no such termination clause. The Tribunal's power under section 12(1)(a) to determine whether a tenancy is controlled did not permit it to assume substantive jurisdiction once the material disclosed a tenancy outside section 2(1).

p. 8
02

Whether the Tribunal properly evaluated the evidence and whether its findings and orders were supported by the evidence and the law

Holding

The Tribunal failed to evaluate the evidence as a whole, disregarding the lease and the 1st Respondent's admissions, and its valuation-based orders rested on unproven facts.

Reasoning

The Tribunal accepted a landlord-tenant relationship and rent obligations while disregarding the written lease and contemporaneous documents. The 1st Respondent bore the burden under sections 107-109 of the Evidence Act to prove the structures, expenditure and value attributable to him; the Tribunal itself noted the value of investments 'remains uncertain'. Orders directing a post-judgment joint valuation to establish liability were contingent on unproven facts and could not stand.

p. 11

Legal principles established

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  • A written tenancy for a term exceeding five years, without a termination provision (otherwise than for breach of covenant) within the first five years, is not a controlled tenancy under section 2(1) of Cap. 301, and the Tribunal lacks jurisdiction over such a tenancy.
  • A final determination must resolve the controversy on the evidence tendered; it cannot leave the existence or extent of a substantive entitlement to be established by evidence generated after judgment.

Court orders

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  1. 1.The appeal is hereby allowed.
  2. 2.The Judgment of the Business Premises Rent Tribunal delivered on 20th January 2025 in BPRT/E095/2024 as consolidated with BPRT/E1130/2023, together with all consequential orders arising therefrom, is hereby set aside.
  3. 3.BPRT/E095/2024 and BPRT/E1130/2023 are hereby struck out for want of jurisdiction.
  4. 4.The Appellants shall have the costs of the proceedings before the Tribunal and of this appeal.

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 at Nairobi
BPRT/E095/2024 as consolidated with BPRT/E1130/2023
Jurisdiction invoked
First appeal from the Business Premises Rent Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301

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.

On that statutory test, a written tenancy of ten years, without such a termination provision within the first five years, does not fall within the definition of a controlled tenancy.
p. 8Definition of controlled tenancy - jurisdiction of BPRT
Its power under Section 12(1)(a) entitled it to determine whether the tenancy was controlled; it did not permit it to exercise the wider substantive powers under the Act once the material before it disclosed a tenancy falling outside section 2(1).
p. 8Limits of Tribunal's jurisdictional inquiry
A final determination must resolve the controversy presented to the adjudicating body on the evidence tendered before it. It cannot leave the existence or extent of a substantive entitlement to be established by evidence to be generated after judgment.
p. 11Finality of determinations and post-judgment evidence
The appeal is hereby allowed.
p. 12Disposition
BPRT/E095/2024 and BPRT/E1130/2023 are hereby struck out for want of jurisdiction.
p. 12Final orders - striking out for want of jurisdiction

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, "Iqbaal, Whitley Investment Limited, Homeplus Realtors Limited & Pyramid Auctioneers v Abdikadir Elmi Rooble, Abdulkader Hussein Suriya, Hanifa Abdulkader Hussein Suriya Adil, Abdulkader Suriya & Muhammed Abdulkader Suriya", Case Analysis (2026). ELCLA No. E032 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5764/eng@2026-09-24

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