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ELCDismissedNot stated in the judgment as provided· [2025] KEELC 6066 (KLR)

Anupi Fashions Limited v Mwea Rice Mills Limited & 2 others (Environment and Land Case 17 of 2020) [2025] KEELC 6066 (KLR)

Environment and Land Court
17 September 2025
2,725 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A tenant suing over eviction and distress for rent lost because it attacked a court-sanctioned process in the wrong forum.

What this practically means

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Executive summary

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The plaintiff, Anupi Fashions Limited, was a controlled tenant of the 1st defendant at Leader House, Shop A (LR No. 209/590). It pleaded that on 1.10.2019 the 2nd defendant, on the 1st defendant's instructions, issued a notice to terminate the tenancy for purposes of reconstruction, prompting it to file BPRT Case No. 1047 of 2019. It further pleaded that on 24.1.2020 the defendants unlawfully levied distress for alleged rent arrears of Ksh. 660,000 and unlawfully evicted it, and it sought general, aggravated, exemplary and special damages of Ksh. 1,108,227.80 with interest and costs. The defendants denied illegality, asserting a lawful increase of rent to Ksh. 355,000 per month, non-payment by the plaintiff, and a court-sanctioned distress and surrender of the premises without force. The plaintiff's evidence, however, conceded on cross-examination that the auctioneers acted under a court order issued in CM Misc. Application No. 2 of 2020, of which it was aware before filing this suit. The plaintiff's submissions were filed out of time and without proof of service and were disregarded; the defendants filed none. The court, per Lucy N. Mbugua J, framed the question of the nature of the proceedings and held that the distress having been sanctioned by the magistrates' court, its validity could only be challenged through the hierarchical appellate system or supervisory/review jurisdiction, and that the court could not pronounce on the termination notice pending before the Business Premises Tribunal. The suit was dismissed with costs to the defendants.

Key legal issues

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01

Whether the plaintiff's suit for damages founded on alleged unlawful distress for rent and eviction was properly before the court

Holding

The suit was dismissed because the distress was a court-sanctioned process in CM Misc. Application No. 2 of 2020, whose validity could only be challenged on appeal or through supervisory/review jurisdiction, and the plaint did not seek a declaration that those proceedings were unlawful

Reasoning

The levying of distress was executed under an order of the magistrates' court, which the plaintiff was aware of at the time of filing this suit four days after the eviction. The plaintiff, in cross-examination, conceded that the auctioneers had an order to break in and recover rent. Without impugning those proceedings through the proper channels, the foundational illegality could not be established, and damages could not be awarded.

p. 5
02

Whether the court could determine the validity of the Notice to Terminate the Tenancy

Holding

The court could not, as the plaintiff had already filed a reference (BPRT Case No. 1047 of 2019) against the same notice before the competent tribunal

Reasoning

Both parties admitted that a termination notice was issued on 1.10.2019 and that the plaintiff filed BPRT Case No. 1047 of 2019 opposing it. A court cannot pronounce on the validity of a notice that is the subject matter of a reference pending before a competent tribunal, as that would encroach on the autonomous jurisdiction of the tribunal.

p. 5
03

The procedural framework governing distress for rent

Holding

Matters relating to distress for rent are governed by the Distress for Rent Act, and challenges to distress conducted under a court order must follow the proper procedural channels

Reasoning

The court referenced authority establishing that the Distress for Rent Act governs distress matters. Since the plaintiff's grievance was with the manner in which a court-sanctioned distress was conducted, and the pleadings contained no prayer declaring the distress proceedings illegal, the plaintiff had not established any basis for the damages sought.

p. 5

Legal principles established

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  • Where a plaintiff's claim rests on the validity or illegality of proceedings in a subordinate court, that validity can only be challenged through the hierarchical appellate system or by invoking the supervisory or review jurisdiction of the courts.
  • A court cannot pronounce on the validity of a notice to terminate a controlled tenancy when a reference on the same notice is pending before a competent tribunal.
  • A party must pursue the correct procedural avenue for redress before claiming damages founded on allegedly unlawful court-sanctioned processes.

Court orders

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  1. 1.Suit dismissed
  2. 2.Costs of the suit awarded to the defendants
Jurisdiction invoked
Original civil jurisdiction of the court in a claim for damages for trespass, unlawful distress for rent and unlawful eviction; the court declined jurisdiction over matters reserved for the Business Premises Tribunal and the appellate/supervisory jurisdiction over the magistrates' court proceedings.

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, "Anupi Fashions Limited v Mwea Rice Mills Limited & 2 others (Environment and Land Case 17 of 2020) [2025] KEELC 6066 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6066/eng@2025-09-17

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