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ELCStruck OutNot stated in judgment· [2024] KEELC 7395 (KLR)

Prime Spot Enterprises Limited v Akoth (Environment and Land Appeal E048 of 2023) [2024] KEELC 7395 (KLR)

High Court of Kenya
31 October 2024
1,539 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court confirmed you cannot appeal a Business Premises Rent Tribunal complaint decision — only its rulings on formal tenancy termination references can be appealed.

What this practically means

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Executive summary

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The Tenant filed a Complaint before the Business Premises Rent Tribunal under Section 12(4) of Cap. 301 alleging the Landlord intended to terminate her tenancy without due process and was damaging her property to force her out. On 2nd November 2023 the Tribunal found the Landlord had uprooted water pipes, removed tanks and disconnected water without a court order, issued injunctions against the Landlord, declared the landlord's termination notice dated 10th April 2023 invalid and set it aside, and awarded the Tenant Kshs. 50,000/= costs offset from rent. The Landlord appealed to the High Court. Writing alone, M.D. Mwangi J raised the jurisdictional question sua motu: whether an appeal lies against a Tribunal decision made in a Complaint under Section 12(4). Reviewing Selle v Associated Motor Boat Co., the Supreme Court in the Matter of Interim Independent Electoral Commission, Gatanga General Stores v Githere, Re Hebtulla Properties, Choitram v Mystery Model Hair Saloon and Mike Muli, the court held that Section 15(1) confines appeals to decisions in References (limited by Section 6 to tenancy notices under Section 4), while Section 12(4) complaints concern only minor matters such as cut-off water or obstructed access. Consequently, the appeal was incompetent and was struck out with costs to the Respondent.

Key legal issues

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01

Appealability of Tribunal decisions on Complaints under Section 12(4)

Holding

No appeal lies; Section 15(1) restricts appeals to decisions on References. The appeal was struck out as incompetent.

Reasoning

The court traced the distinction between References and Complaints through Gatanga General Stores, Re Hebtulla Properties, Choitram v Mystery Model Hair Saloon, and Mike Muli. Section 6 defines a Reference as limited to tenancy notices under Section 4, while Section 12(4) complaints concern minor matters of harassment. The legislature, had it intended appeals from Complaints, would have said so clearly.

p. 3
02

Duty of first appellate court and jurisdiction

Holding

Jurisdiction is central and may be raised by the court sua motu at any stage; the court must satisfy itself of jurisdiction before taking any step.

Reasoning

Citing Selle v Associated Motor Boat Co. on the retrial role of a first appellate court, and the Supreme Court in the Matter of Interim Independent Electoral Commission, the court held jurisdiction can be picked up on the court's own motion and must precede any valid step in litigation.

p. 2

Legal principles established

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  • The right of appeal under Section 15(1) of Cap. 301 lies only against Tribunal determinations in References, not in Complaints under Section 12(4)

Court orders

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  1. 1.The appeal is struck out
  2. 2.Costs to the Respondent
On appeal from
Business Premises Rent Tribunal (BPRT)
Complaint dated 5th May 2023 (number not stated)
Jurisdiction invoked
Section 15(1) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301

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, "Prime Spot Enterprises Limited v Akoth (Environment and Land Appeal E048 of 2023) [2024] KEELC 7395 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7395/eng@2024-10-31

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