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ELCDismissedNot stated in the judgment· [2025] KEELC 6189 (KLR)

Judith Wabosha Mwamburi t/a Kaddy Fashion & Supplies v Mbololo Ushirika Company Limited (Environment and Land Appeal E009 of 2025) [2025] KEELC 6189 (KLR)

Not expressly stated; appeals from the Business Premises Rent Tribunal lie to the High Court/Environment and Land Court
24 September 2025
2,275 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that for protected commercial tenants, the law's two-month minimum notice overrides any longer notice period written in the lease.

What this practically means

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Executive summary

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This is a first appeal against the decision of the Business Premises and Rent Tribunal at Mombasa delivered on 4th April 2025 in Original Reference No. E177 of 2022, dismissing the tenant's reference with costs. The landlord (Respondent) had issued a Notice of Termination dated 23rd March 2022, effective 1st June 2022, on the ground of intended demolition and reconstruction, supported by an approved building plan, a contractor agreement and an approved bank loan. The Appellant, a tenant under a 2005 lease that had expired but continued in occupation, contended that the notice was invalid because the tenancy agreement required three months' notice, whereas the notice covered only about two months and nine days. The appeal was canvassed by written submissions. The court outlined three issues: the adequacy and validity of the termination notice; whether the Tribunal failed to consider the Appellant's evidence; and whether the Tribunal was justified in dismissing the reference. Applying the first-appeal principles in Selle v Associated Motor Boat Company Ltd, the court held that Section 4(1) of Cap 301 overrides the contractual notice period; the notice, being for more than two months, in the prescribed form and specifying grounds under Section 7(7)(f), was valid and could not be invalidated. The Tribunal was found to have properly considered the evidence and could not be faulted. The appeal was dismissed, and, considering the long existing landlord-tenant relationship, each party was directed to bear its own costs of the appeal.

Key legal issues

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01

Validity of the Notice of Termination

Holding

The notice dated 23rd March 2022 effective 1st June 2022 was valid and in compliance with Section 4 of Cap 301, specifying grounds consistent with Section 7(7)(f) of the Act.

Reasoning

Although Clause 3(c) of the tenancy agreement provided for three months' notice, Section 4(1) of Cap 301 provides that no controlled tenancy shall terminate otherwise than in accordance with the Act. The prescribed notice need not take effect earlier than two months from receipt; the notice here exceeded two months and specified grounds, so it could not be invalidated as illegal.

p. 5
02

Whether the Tribunal failed to consider the Appellant's evidence

Holding

The Tribunal considered the Notice and the grounds made therein before arriving at its decision; no error was established.

Reasoning

The court perused the Record of Appeal and the Tribunal's Ruling and found that the Tribunal properly pronounced itself on the issue, analyzing the Respondent's notice both in form and substance before issuing its orders. The Appellant's complaint about the three months' notice was also a legal point never raised before the Tribunal.

p. 5
03

Whether the Tribunal was justified in dismissing the reference

Holding

The Tribunal cannot be faulted for the orders issued; the appellate court would not interfere.

Reasoning

Having found the notice valid and the Tribunal's analysis of evidence proper, the court held there was no basis to interfere with the dismissal of the Tenant's reference. The first-appeal standard from Selle v Associated Motor Boat Company Ltd was not satisfied.

p. 5

Legal principles established

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  • A controlled tenancy can only be terminated in accordance with the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, including a notice in the prescribed form of not less than two months specifying the ground of termination.
  • On a first appeal the court will not interfere with the trial court's judgment unless satisfied that the trial court misdirected itself or arrived at an erroneous decision.
  • A termination notice taking effect not less than two months from its date conforms with Section 4(4) of Cap 301 notwithstanding a contrary notice period in the tenancy agreement, since Section 4(1) overrides the terms of a controlled tenancy.

Court orders

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  1. 1.The Appeal is devoid of merit and is dismissed.
  2. 2.Each party to bear own costs of the Appeal.

Authorities

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Legislation

  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActSection 4
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActSection 4(1)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActSection 4(2)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActSection 4(4)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActSection 7(1)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActSection 7(7)(f)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActCAP 301
  • Civil Procedure RulesOrder 42 Rule 32

Cases cited (7)

  • National Bank of Kenya Ltd Versus Pipe Plastic Samkolit (K) Ltd & Another
    (2007) eKLR
  • Kenya Hotels Limited Vs Oriental Commercial Bank Limited
    (2018) KECA 692 (KLR)
  • Auto Engineering Ltd Versus M. Gonella & Co. Ltd
    (1978) eKLR
  • Lavington Green Bookshop Limited Versus John Njoroge Kinuthia
    (2000) KEHC 66 (KLR)
  • Shipira Chola & 3 Others Versus James Samuel Peter Mirie
    (2003) eKLR
  • Selle v Associated Motor Boat Company Ltd
    [1968] EA 123
  • Manaver N. Alibhai T/A Diani Boutique vs. South Coast Fitness & Sports Centre Limited
    Civil Appeal No. 203 of 1994
On appeal from
Business Premises and Rent Tribunal, Mombasa
Original Reference No. E177 of 2022
Jurisdiction invoked
Appeal against the decision and orders of the Business Premises and Rent Tribunal; power of the court on first appeal set out in Order 42 Rule 32 of the Civil Procedure Rules

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, "Judith Wabosha Mwamburi t/a Kaddy Fashion & Supplies v Mbololo Ushirika Company Limited (Environment and Land Appeal E009 of 2025) [2025] KEELC 6189 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6189/eng@2025-09-24

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