Waithanji v Kimani (Environment and Land Appeal E047 of 2024) [2026] KEELC 1884 (KLR) (3 March 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1884
- Citation
- [2026] KEELC 1884 (KLR)
- Decided
- 3 March 2026
Summary at a glance
TypeEnvironment and Land AppealPostureAppeal from an interlocutory applicationCoramMOGENI J
The Tribunal has jurisdiction to hear the reference.
Facts
The Appellant and Respondent had a lease agreement for five years and three months, but the lease was not registered. The Appellant issued a notice of intention not to renew the lease on 30/11/2023. The Respondent filed an application before the Business Premises Rent Tribunal.
Issues
- Whether the Tribunal had jurisdiction to entertain the reference filed before it.
- Whether the Tribunal erred in holding that it had jurisdiction to entertain the reference filed before it.
Reasoning
The Tribunal's ruling that the lease agreement was a controlled tenancy was upheld. The Tribunal's jurisdiction was based on the declaration of the Appellant as the owner of the premises on 15/12/2021, which implied the tenancy relationship commenced on that date.
Outcome
Affirmed
Authorities cited
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