Kamau & another (Suing as Administrators of the Estate of Patrick John Kamau (Deceased)) v Miramar International College Limited (Environment and Land Case E001 of 2023) [2025] KEELC 5734 (KLR)
The bottom line
#A Kenyan college that stopped paying rent lost its lease, its registration on the land title, and was ordered to pay over KSh 2.1 million in arrears plus interest.
What this practically means
#Executive summary
#Key legal issues
#Breach of lease by non-payment of rent
Proved. The Defendant defaulted on rent for 2021-2022 and 2022-2023; the unchallenged evidence of demand, termination notice and re-entry established breach.
The lease dated 1/2/2021 was produced with a rent schedule payable each 1st June. Demand letters of 13/6/2022 and 29/6/2022 and a termination notice went unanswered. As the Defendant never entered appearance or filed a defence, the Plaintiffs' evidence stood uncontroverted and the court was satisfied the non-payment of rent constituted breach. The Defendant had similarly ignored arbitration, leaving the dispute for the court.
Rental arrears and interest
Arrears of Kshs 2,183,600 proved and payable with contractual interest.
Clause 3.2 of the lease provided for interest at 5% per month on overdue rent. The arrears were well documented and uncontroverted. Applying the principle in National Bank of Kenya v Pipeplastic Samkolit that parties are bound by their contract absent fraud or mistake, the court found both the arrears and the contractual interest claim proved and payable, though the final orders pegged interest from 1/6/2022 only.
Cancellation of lease and rectification of register
Granted. Upon lawful termination and re-entry, the leasehold interest ceased and the register was to be rectified by cancellation.
The Plaintiffs served proper notice of termination after prolonged default and re-entered on 8/4/2023 in accordance with Clause 6.1 of the lease. Section 73 of the Land Act, 2012 entitles a lessor to forfeit a lease for the lessee's breach. Having lawfully terminated, the Defendant held no registrable interest, making cancellation of the lease and rectification by the Chief Land Registrar just and lawful.
Injunctive reliefs
Granted, applying the Giella v Cassman Brown principles.
The court found the Plaintiffs proved their administration of the Estate of the registered proprietor and the Defendant's breach. Applying the Giella v Cassman Brown tests (prima facie case, irreparable harm, balance of convenience) and the reasoning in Mutisya v Mwanzia, the Plaintiffs met the threshold for a permanent injunction and were also entitled to an eviction order in default of vacation.
Reimbursement of electrical restorative works
Special damages of Kshs 30,080 awarded on the strength of handwritten notes proving the expenditure.
PW1 testified that the Defendant had made an illegal electricity connection and exposed the water plumbing unit, requiring rectification by a local electrician. A handwritten quotation from the electrician at pages 106-107 of the bundle evidenced the cost. The court accepted the handwritten notes as sufficient proof that the amounts were incurred, though the final orders awarded Kshs 30,080 rather than the Kshs 33,080 claimed.
Legal principles established
#- Parties are bound by the terms of their contract unless fraud or mistake is proven.
- Upon lawful termination and re-entry, a leasehold interest ceases and the register may be rectified by cancellation.
- Where an arbitration clause is rendered incapable of performance by a party's non-participation, the court may determine the dispute notwithstanding the arbitration agreement.
- A lessor has a statutory right to forfeit a lease for the lessee's breach under Section 73 of the Land Act, 2012.
Court orders
#- 1.An order directing the Chief Land Registrar to cancel the Defendant's leasehold interest signified by the Lease dated 1/6/2020 registered on 19/2/2021 on the Land Register of Land Reference Number 13136/39 measuring 10.19 hectares.
- 2.An order against the Defendant to vacate and/or be evicted from Land Parcel Number 13136/39 within 30 days from the date of the judgment - mandatory injunction to remove their movable property within 30 days.
- 3.A permanent injunction restraining the Defendant from re-entering, remaining thereon, cultivating or in any way interfering with quiet possession of Land Parcel Number 13136/39, save for complying with the vacation order.
- 4.Kshs 30,080 awarded as special damages.
- 5.The Defendant to pay rent arrears of Kshs 2,183,600 with interest at 5% per month from 1/6/2022 until payment in full.
- 6.The Defendant to bear the costs of the suit.
- Jurisdiction invoked
- Exclusive jurisdiction of the Environment and Land Court over cancellation of leasehold interests and rectification of the land register under the Land Act, 2012 (Section 73 considered); Matter proceeded as an undefended suit.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamau & another (Suing as Administrators of the Estate of Patrick John Kamau (Deceased)) v Miramar International College Limited (Environment and Land Case E001 of 2023) [2025] KEELC 5734 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5734/eng@2025-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.