Kenya Medical Research Institute v Jenifer Muthoki Mbuvi [2022] KEELC 845 (KLR)
The bottom line
#Kenya's Environment and Land Court ordered a tenant to vacate government-owned premises within 30 days, confirming disputes involving state agencies don't go to the Rent Tribunal.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction - whether the dispute concerns a controlled tenancy under Cap 301
No controlled tenancy arose; the proviso to section 2 excludes tenancies involving the Government or its agencies, and the Plaintiff is a statutory corporation, so the ELC has jurisdiction and the Tribunal does not.
The court found the Plaintiff is a statutory corporation created under the State Corporations Act and the Science Technology and Innovations Act, wholly government funded. The proviso to section 2(1) of Cap 301 provides that no tenancy to which the Government is a party is a controlled tenancy, and this extends to government agencies. Further, the Tribunal itself had ruled on 26th November 2021 in Tribunal Cause 378 of 2020 that it lacked jurisdiction, and the Defendant had not appealed, making the preliminary objection an abuse of process.
Nature of the tenancy after expiry of the written lease
The relationship became a periodic tenancy terminable by one month's notice; the notice dated 23rd March 2020 extinguished the Defendant's rights.
It was common ground that a two-year lease lapsed on 1st July 2002 and was never renewed. Following Ram International Limited v Maasai Mara University, continued occupation after lapse of a written lease creates a periodic tenancy. The Plaintiff served a termination notice dated 23rd March 2020, acknowledged by the Defendant's letter of 15th April 2020. Upon lapse of that notice the Defendant ceased to have any right to the premises.
Mandatory injunction threshold
Special and exceptional circumstances were established: the Defendant's rights were extinguished, rent unpaid, and the Plaintiff entitled to vacant possession.
Applying Nation Media Group & 2 others v John Harun Mwau, a mandatory injunction requires a higher standard and exceptional circumstances. The Plaintiff is the registered owner; the Defendant's periodic tenancy was terminated by due notice; the Defendant ceased paying rent and remained in occupation without lawful cause. These circumstances justify a mandatory injunction at the interlocutory stage.
Temporary injunction - prima facie case
A prima facie case with overwhelming chances of success was established under the Mrao definition, supported by the Plaintiff's statutory rights under sections 24 and 25 of the Land Registration Act, 2012.
The Plaintiff's ownership rights derive from sections 24 and 25 of the Land Registration Act, 2012. The Defendant's interest was terminated by the notice of 23rd March 2020, acknowledged on 15th April 2020. Continued occupation infringes the Plaintiff's rights, satisfying the Mrao test of an apparent infringement of a right with probability of success at trial.
Legal principles established
#- The proviso to section 2 of Cap 301 excludes tenancies to which the Government or government agencies/statutory corporations are parties from being controlled tenancies.
- Where a written lease lapses and is not renewed but the tenant remains in occupation, the relationship becomes a periodic tenancy terminable by notice.
- A mandatory injunction requires a higher standard than a prohibitory injunction, including exceptional and special circumstances.
Court orders
#- 1.The Notice of Preliminary Objection dated 15th February 2022 is dismissed as misconceived and legally untenable
- 2.The Notice of Motion Application dated 22nd December 2021 is allowed
- 3.An order of Mandatory Injunction issued against the Defendant/Respondent to vacate and hand over vacant possession of the staff canteen on L.R No. 209/10362 to the Plaintiff/Applicant within 30 days
- 4.In default, the Plaintiff/Applicant at liberty to evict the Defendant/Respondent and recover vacant possession without further notice
- 5.Costs of the Application and the Preliminary Objection awarded to the Plaintiff/Applicant
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land/tenancy disputes (Environment and Land Court Act); jurisdiction contested via preliminary objection under the Landlords and Tenants (Shops, Hotels and Catering Establishments) Act, Cap 301
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Medical Research Institute v Jenifer Muthoki Mbuvi [2022] KEELC 845 (KLR)", Case Analysis (2022). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/845/eng@2022-02-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.