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ELCDismissedNot stated in the judgment

Waithaka & 5 others v Mwangi & another; Kimani & another (Interested Parties) (Environment and Land Case E080 of 2024) [2025] KEELC 6038 (KLR)

Environment and Land Court (court name not expressly stated in the judgment)
17 September 2025
1,554 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Nairobi court dismissed tenants' urgent bid to block distress for rent because they defied a Tribunal order to sign a new tenancy offer and pay the new rent.

What this practically means

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Executive summary

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Three applications by the Plaintiffs, tenants on Plot No. 209/5810 (shops 1-7 and 10-12) for over 15 years, came before Christine Ochieng, Judge, for determination. The Plaintiffs sought injunctions restraining the Landlord (1st Defendant) and the 1st Interested Party's auctioneers from levying distress and interfering with quiet enjoyment, plus orders to deposit rent in court pending trial, and an extension of interim orders to four additional individuals omitted from the 14th June 2024 application. They relied on their claim that they had no rent arrears and sought interpretation of when a rent increment took effect and taking of accounts. Their tenancies had been altered by a Letter of Offer dated 29th May 2023, and in BPRT Case No. E595 of 2023 the Tribunal had directed them to sign that Letter of Offer by 1st January 2024. The Defendants and Interested Parties filed no responses or submissions; a Notice of Preliminary Objection on jurisdiction had earlier been dismissed on 30th October 2024. Applying Giella v Cassman Brown and the prima facie case test in Mrao Ltd, the court found the Plaintiffs had not shown when they signed the new Letter of Offer, produced no rent statements, and appeared to have declined to sign the new offer while seeking to pay the old rent, contrary to the Tribunal's order. Relying on Nguruman Ltd v Jan Bonde Nielsen, the court declined to consider the other Giella limbs. All three applications were dismissed as unmerited, with costs in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Plaintiffs have established the threshold for grant of an interlocutory injunction restraining the Defendants and the 1st Interested party from levying distress over the suit premises
  2. 2.Whether there is uncertainty on whom the Plaintiffs should pay rent and if so, whether the same should be deposited in court

Key legal issues

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01

Prima facie case for interlocutory injunction against distress

Holding

Not established

Reasoning

The dispute concerns a tenancy agreement and rent account reconciliation. The Tribunal had directed the Plaintiffs to sign a Letter of Offer dated 29th May 2023 altering the tenancy terms, but they failed to show they signed it and did not provide rent account statements. Equity requires clean hands, and the Plaintiffs sought to pay the old rent contrary to the Tribunal's order, so the injunction was futile.

p. 4
02

Deposit of rent in court

Holding

Refused

Reasoning

The Plaintiffs claimed uncertainty over the proper recipient of rent, but the court held they knew who their landlord was. Having failed to establish a prima facie case, the court did not proceed to the other Giella limbs and declined the deposit orders as futile.

Legal principles established

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  • A party seeking an interlocutory injunction must first establish a prima facie case; failure at that limb obviates consideration of the other Giella limbs
  • A party who has not complied with orders of a tribunal/another forum and seeks to pay rent under superseded terms cannot demonstrate a prima facie case; injunctions are equitable and require clean hands

Court orders

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  1. 1.Dismissal of the three Notice of Motion applications dated 29th February 2024, 14th June 2024 and 26th July 2024 as unmerited
  2. 2.Costs in the cause

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction; related to BPRT Case No. E595 of 2023. The court had earlier dismissed a preliminary objection contesting its jurisdiction (Ruling of 30th October 2024).

Relief refused

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Interlocutory injunction restraining the Landlord and his agents from levying distress

No prima facie case established; Plaintiffs declined to sign the new Letter of Offer as directed by the Tribunal and sought to pay the old rent

Restraint of the 1st Interested Party from interfering with quiet enjoyment

Failed at the prima facie case limb of Giella v Cassman Brown

p. 4

Deposit of rent in court

Uncertainty as to whom rent is payable was not a real issue since the Plaintiffs know their landlord

p. 4

Extension of 5th March 2024 orders to Eric Karuri Waithaka, Peter N. Mwihu, John Wambugu and Samuel K. Kigumo

Application dismissed in its entirety

Costs

Costs will be in the cause.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the foregoing, I find the three Notice of Motion applications dated the 29th February, 2024, 14th June 2024 and 26th July 2024 unmerited and will dismiss them.
p. 4Final orders - dismissal of the three applications
Costs will be in the cause.
p. 4Costs
injunctive remedies are equitable remedies and courts cannot alter the terms of a contract between parties. Further, a party seeking orders of injunction must come to court with clean hands.
p. 4Equity and clean hands
I opine that the Plaintiffs should have adhered to the Order from the Tribunal, paid the agreed new rent to their landlord, before coming to court.
Non-compliance with Tribunal order

Issues in the judgment

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minor

The court name is not stated in the judgment; station inferred from 'AT NAIROBI' and the reference to BPRT Case No. E595 of 2023 suggests a superior court with jurisdiction over landlord-tenant disputes, and the case number itself is not given in the judgment text.

minor

Minor typographical errors in the original (OCR artifacts such as 'Plaintifi', 'efi', and 'prima face').

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, "Waithaka & 5 others v Mwangi & another; Kimani & another (Interested Parties) (Environment and Land Case E080 of 2024) [2025] KEELC 6038 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6038/eng@2025-09-17

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