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ELCDismissedBusiness Premises Rent Tribunal Appeal arising from BPRT Case No. E011 of 2021· [2025] KEELC 3658 (KLR)

Njue v Kiura (Environment and Land Appeal E002 of 2022) [2025] KEELC 3658 (KLR)

Environment and Land Court
28 April 2025
KBK. BOR
1,062 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that a bar operator failed to prove he was a tenant, so he gets no legal protection from eviction.

What this practically means

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Executive summary

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This was an appeal from the Business Premises and Rent Tribunal in BPRT Case No. E011 of 2021, in which the Tribunal had found that the Appellant was not a tenant and downed its tools for want of jurisdiction. The Appellant, who operated Nile Bar and Restaurant on premises owned by the Respondent, contended that he became a sub-lessee after purchasing the business as a going concern from the former tenant, Paul Theuri Mutahi, and paid the Respondent close to Kshs. 3 million, including monthly rent of Kshs. 180,000. He sought a declaration that he was a protected tenant under Cap 301, that his tenancy could only be terminated in accordance with that Act, and that accounts of rent paid be taken. The Respondent maintained that his tenant was Paul Theuri, not the Appellant; that the Appellant was a trespasser; that he never received rent from the Appellant; and that the alleged payment agreement was unsigned, unattested and failed the requirements of Section 3(3) of the Law of Contract Act. The court framed a single issue: whether the Tribunal erred in finding no tenancy relationship. It held that a sub-lessee is not a lessee in the strict legal sense; there was no written lease between the parties, the sublease's term and conditions could not be established, the head lease prohibited subletting without consent, and the bank statements showed only withdrawals totalling Kshs. 350,000, mostly from 2019, not rent payments. Rather than call for the file in the pending trespass suit (Embu CM ELC Case No. E061 of 2021), the court directed the parties to fast-track its hearing. The appeal was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the Tribunal erred in finding no tenancy relationship between the Appellant and the Respondent

Holding

The appeal was dismissed; the court found the Appellant failed to prove a tenancy relationship, noting the claimed sublease was undocumented, of unclear term, and that the alleged payments were not proved to be rent to the Respondent.

Reasoning

The Respondent's lease with Paul Theuri terminated on 31/9/2020 and prohibited subletting without consent. There was no written lease between the Appellant and Respondent, the sublease's term and conditions could not be established, and the bank statements showed withdrawals totalling Kshs. 350,000, mostly from 2019, rather than rent payments. The court directed parties to fast-track CM ELC Case No. E061 of 2021 to determine trespass.

p. 2

Legal principles established

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  • A sub-lessee is not the same as a lessee, and a party claiming tenancy must prove the term and conditions of the alleged tenancy relationship.
  • The burden of proving a landlord-tenant relationship rests on the party asserting it.

Court orders

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  1. 1.The appeal is dismissed
  2. 2.Costs awarded to the Respondent
  3. 3.Parties to fast track the hearing of Embu CM ELC Case No. E061 of 2021 for final determination of whether the Appellant is a trespasser
On appeal from
Business Premises and Rent Tribunal
BPRT Case No. E011 of 2021
Jurisdiction invoked
Appeal from the Business Premises and Rent Tribunal under the Landlord and Tenants (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, "Njue v Kiura (Environment and Land Appeal E002 of 2022) [2025] KEELC 3658 (KLR)", Case Analysis (2025). Business Premises Rent Tribunal Appeal arising from BPRT Case No. E011 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3658/eng@2025-04-28

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