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ELCDismissedEnvironment and Land Appeal E056 of 2025

Wairiuko v Lumumba

Environment and Land Court
28 September 2026
3,128 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court confirmed you can be a landlord without holding the title deed, and dismissed the appeal with 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 from a ruling of the Business Premises Rent Tribunal (Chairperson Cyprian Mugambi Nguthari, 21 February 2025) dismissing the Appellant's preliminary objection and notice of motion challenging the existence of a landlord-tenant relationship and the Tribunal's jurisdiction. The Appellant, who produced a title deed showing a third party as registered proprietor of the suit premises (Shop No. 1, Hephzibah House, Witeithie, Kiambu County), argued she was never the Respondent's landlady, had no tenancy agreement, received no rent, and that the Respondent had failed to discharge the burden of proving a controlled tenancy under Section 2(1) of Cap 301. The Respondent relied on correspondence, continuous occupation from 2018, rent payments to the Appellant's instructed agent (Sort Masters Investment Ltd), a KPLC account and billing statement in the Appellant's name, and a notice to vacate issued by the Appellant's agent. The court framed four issues: existence of a controlled tenancy, the Tribunal's jurisdiction, entitlement to reliefs, and costs. Applying the principle that landlord status under Cap 301 turns on entitlement to rents and profits rather than registered ownership, and that uncontroverted evidence suffices on a balance of probabilities, the court held the Respondent's evidence substantially uncontroverted and the tenancy established. A controlled tenancy being a condition precedent to the Tribunal's jurisdiction, Section 12(4) properly empowered the Tribunal. The appeal was dismissed with costs to the Respondent, the Tribunal's ruling upheld, and the matter remitted for hearing of the pending reference.

Questions the Court framed

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

  1. 1.Whether a controlled tenancy relationship existed between Appellant and Respondent.
  2. 2.Whether the Tribunal had jurisdiction to entertain the matter.
  3. 3.Whether the Appellant is entitled to the reliefs sought.
  4. 4.Who should bear the costs of the appeal?

Key legal issues

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01

Whether a landlord-tenant relationship was established between the Appellant and Respondent

Holding

Yes - the Respondent's uncontroverted evidence established the Appellant as the person entitled to rents and profits, hence landlord.

Reasoning

The Respondent produced correspondence on tenancy matters, continuous occupation from 2018, rent payments to the Appellant's instructed agent (Sort Masters Investment Ltd), a KPLC account and billing statement in the Appellant's name, and a notice to vacate issued by the Appellant's agent. The Appellant did not controvert these facts; her title deed in a third party's name did not displace the relationship.

p. 5
02

Whether the Business Premises Rent Tribunal had jurisdiction to entertain the matter

Holding

Yes - a controlled tenancy existed, satisfying the condition precedent, and Section 12(4) of Cap 301 empowered the Tribunal to hear the complaint.

Reasoning

Citing Pritam v Ratilal, the court held the landlord-tenant relationship is a precondition to the Act's application. Having found a controlled tenancy existed, the Tribunal's jurisdiction under Section 12(4) to investigate complaints relating to controlled tenancies was properly engaged, and the Tribunal rightly affirmed its jurisdiction.

p. 6
03

Whether the Appellant is entitled to the reliefs sought

Holding

No - grounds challenging the tenancy and jurisdiction were disallowed; the Tribunal's ruling was upheld.

Reasoning

The court found no basis to fault the Tribunal's finding that the Appellant was the landlord, and the Tribunal properly directed itself on the law and evidence. Grounds 1, 3, 5, 6, 7, 8 and 9 were disallowed, as were grounds 2 and 4 on jurisdiction.

p. 5

Legal principles established

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  • Ownership of premises is not determinative of landlord status under Cap 301; landlord is the person entitled to rents and profits as between the parties.
  • Existence of a controlled tenancy is a condition precedent to a Tribunal's jurisdiction under Cap 301.
  • A first appellate court interferes with a tribunal's decision only where it misapprehended evidence, applied wrong principles or misdirected its discretion.

Court orders

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  1. 1.The appeal is dismissed with costs to the Respondent.
  2. 2.The ruling and order of Hon Cyprian Mugambi Nguthari /Chairperson, Business premises tribunal in (tribunal case number BPRT /E447/2024 21.2.2025) is upheld.
  3. 3.The matter is referred back to the Business Premises Rent tribunal for the hearing and disposal of the pending reference and any pending matters not yet dealt with by the tribunal.

The bench

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

majority

Wrote the judgment

On appeal from
Business Premises Rent Tribunal
Tribunal Case No. E447 of 2024
Jurisdiction invoked
First appellate jurisdiction under the Environment and Land Court Act over appeals from the Business Premises Rent Tribunal

Relief refused

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Appeal allowed and Tribunal ruling set aside and substituted with an order striking out the suit

Court found the Respondent's evidence of landlord-tenant relationship substantially uncontroverted and the Tribunal properly seized of jurisdiction

p. 6

Costs

The appeal dismissed with costs to the Respondent; 'the Respondent shall have the costs of the Appeal.'

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.

Accordingly, the Court hereby nds the appeal not merited hence dismissed with costs to the Respondent.
p. 6Final orders - dismissal of appeal
The matter is referred back to the Business Premises Rent tribunal for the hearing and disposal of the pending reference and any pending matters not yet dealt with by the tribunal.
p. 6Final orders - remittal to Tribunal
Ownership of the premises is not, in itself, a determinant factor for quali cation as a landlord under section 2 of the Landlord and Tenants (Shops, Hotels and Catering establishments) Act (cap 301).
p. 3Definition of landlord under Cap 301
There must be a controlled tenancy as de ned in section 2 to which the provisions of the Act can be made to apply. Outside it, the Tribunal has no jurisdiction.
p. 6Jurisdiction of the Business Premises Rent Tribunal
The court nds that production of the title deed, perse, did not displace landlord tenancy relations between the appellant and respondent.
p. 5Effect of third-party title deed

Issues in the judgment

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minor

Delivery venue inconsistency: court at Nairobi but judgment delivered at Voi

minor

Tribunal case number inconsistency: E447 of 2024 vs E044 of 2024

minor

Erratic paragraph numbering: '30' and '31' reused; final orders numbered 30 with items i) and iii) only

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, "Wairiuko v Lumumba", Case Analysis (2026). Environment and Land Appeal E056 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6087/eng@2026-09-28

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