Kimani v Kiarie (Environment and Land Appeal E004 of 2024) [2024] KEELC 7015 (KLR)

Section 15 confers a right of appeal only on parties to a reference, defined by Section 2 as a reference under Section 6 of the Act. The dispute before the tribunal was a complaint under Section 12(4). Leave to appeal, obtainable from the tribunal as a subordinate court, was never sought. The appeal was therefore premature, misconceived and void.

Loss of profit is special damages requiring particularised pleading and strict proof. The reference merely averred loss of business without particulars. Moreover, the tribunal is a creature of statute whose jurisdiction is circumscribed by Section 12(1), and such a claim lies only before a conventional court.

Under Section 12(g) repairs are the landlord's mandate, and Section 12(l) allows compensation for improvements carried out with the landlord's consent. No consent or authority was tendered, and the Appellant bore the burden of proof under Sections 107, 108 and 109 of the Evidence Act.

The parties consented to canvass the reference, application and counterclaim by written submissions, so the Appellant forfeited the right to tender further evidence or call witnesses. His failure to join the virtual session on 16th November 2023 was due to his own connectivity problems and he never sought review before the tribunal.

Clause (iii) of the tribunal's judgment merely directed that due process of law be strictly followed should the landlord decide to terminate or alter the tenancy; it did not sanction termination or disregard the Appellant's investment.