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ELCAllowedELC Appeal No. 087 of 2024

Wonder Rose Limited & Fredrick Ouya v Nelly Kiende & Alex Mosiere

Environment and Land Court
24 September 2026
MKMohammed N. Kullow
2,029 words in judgment
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The bottom line

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Kenya's Environment and Land Court ruled the Rent Restriction Tribunal had no power over a Kshs. 24,000 tenancy, voiding all its orders.

What this practically means

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Executive summary

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This was an appeal to the Environment and Land Court at Milimani against ex parte orders and subsequent enforcement orders issued by the Rent Restriction Tribunal in Rent Restriction Case No. RRC/E586/2024, in which Nelly Kiende and Alex Mosiere had complained against their landlords, Wonder Rose Limited and Fredrick Ouya, over residential premises at Tena Estate. The Tribunal granted ex parte orders on 5th April 2024 directing the reopening of the premises and reinstatement of the tenants with their household goods, and later issued warrants enforced by police. The Appellants, who had appeared on 8th April 2024 and filed a preliminary objection and application challenging jurisdiction, appealed. The Respondents did not enter appearance. The court framed two issues: whether the Tribunal had jurisdiction, and whether it erred in issuing and enforcing ex parte orders without a hearing. On the first, the court held that the tenancy agreement disclosed a monthly rent of Kshs. 24,000, far above the Kshs. 2,500 cap in Section 2(1)(c) of the Rent Restriction Act, and that the Tribunal failed to ascertain the standard rent before assuming jurisdiction. On the second, it held that ex parte orders are provisional and must be subjected to an inter partes hearing, particularly where jurisdiction is challenged; the Tribunal breached the right to be heard by issuing further orders and warrants without addressing the pending objection. Both issues were resolved in the Appellants' favour. The appeal was allowed, the Tribunal's orders of 5th and 9th April 2024 and all consequential orders were set aside, the Tribunal proceedings were set aside, and the Appellants were awarded the costs of 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 Rent Restriction Tribunal had jurisdiction to entertain the dispute.
  2. 2.Whether the Tribunal erred in issuing and enforcing the impugned ex parte orders without hearing the Appellants.

Key legal issues

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01

Jurisdiction of the Rent Restriction Tribunal where rent exceeds the statutory cap

Holding

The Tribunal lacked jurisdiction because the agreed rent of Kshs. 24,000 exceeded the Kshs. 2,500 statutory limit and the Tribunal failed to ascertain the standard rent before proceeding.

Reasoning

Section 2(1)(c) of the Rent Restriction Act excludes dwelling-houses whose standard rent exceeds Kshs. 2,500 per month. The tenancy agreement disclosed rent of Kshs. 24,000. Following precedent, the Tribunal had a duty to enquire into the standard rent before assuming jurisdiction; nothing in the record showed it did so. The termination-of-tenancy argument did not, without more, resolve the jurisdictional question.

p. 6
02

Issuance and enforcement of ex parte orders without hearing the Appellants

Holding

The Tribunal erred in issuing further ex parte orders and warrants after the Appellants had appeared and filed a jurisdictional objection, without affording them a hearing.

Reasoning

Ex parte relief is provisional and must be followed by an inter partes hearing. The Appellants entered appearance on 8th April 2024 and filed a Notice of Preliminary Objection and application challenging jurisdiction. The Tribunal nonetheless issued further ex parte orders on 9th April 2024 and directed warrants on 12th April 2024 without addressing the objection, breaching the right to be heard.

p. 8

Legal principles established

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  • A tribunal must determine its own jurisdiction, including ascertaining the standard rent, before entertaining a dispute.
  • Ex parte interim orders are provisional and must be subjected to an inter partes hearing, especially where jurisdiction is challenged.

Court orders

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  1. 1.The appeal is allowed.
  2. 2.The orders of the Rent Restriction Tribunal issued on 5th April 2024 and 9th April 2024 in Rent Restriction Tribunal Case No. RRC/E586/2024, together with all consequential orders arising therefrom, are set aside.
  3. 3.The proceedings before the Rent Restriction Tribunal in RRC/E586/2024 are set aside.
  4. 4.The Appellants shall have the costs of the appeal.

The bench

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

MK
majority

Wrote the judgment

On appeal from
Rent Restriction Tribunal, Nairobi
RRC/E586/2024
Jurisdiction invoked
Appeal from the Rent Restriction Tribunal under the Rent Restriction Act, Cap 296

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 Tribunal had before it an agreement showing rent of Kshs. 24,000, yet there is nothing in the record to show that it first assessed or ascertained the standard rent before issuing the impugned orders.
p. 6Tribunal's duty to ascertain standard rent before assuming jurisdiction
While a court or tribunal is not precluded from granting appropriate interim relief ex parte where the circumstances so demand, such orders are by their nature provisional and must thereafter be subjected to an inter partes hearing.
p. 7Nature of ex parte orders
The right to be heard is a fundamental incident of fair adjudication and is particularly important where the jurisdiction of the decision-making body itself has been called into question.
p. 8Right to be heard
The orders of the Rent Restriction Tribunal issued on 5 th April 2024 and 9th April 2024 in Rent Restriction Tribunal Case No. RRC/E586/2024, together with all consequential orders arising therefrom, are hereby set aside.
p. 8Final orders - setting aside Tribunal orders

Issues in the judgment

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material

Date inconsistency: appeal of 2024 with submissions dated 2026 and judgment delivered 2026.

material

Judgment delivered '24th day of September, 2026' despite appeal number 087 of 2024.

minor

Court applies first-appeal-from-High Court principles to an appeal from a Tribunal.

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, "Wonder Rose Limited & Fredrick Ouya v Nelly Kiende & Alex Mosiere", Case Analysis (2026). ELC Appeal No. 087 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5841/eng@2026-09-24

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