Judith Wabosha Mwamburi t/a Kaddy Fashion & Supplies v Mbololo Ushirika Company Limited (Environment and Land Appeal E009 of 2025) [2025] KEELC 6189 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Validity of the Notice of Termination
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.
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.
Whether the Tribunal failed to consider the Appellant's evidence
The Tribunal considered the Notice and the grounds made therein before arriving at its decision; no error was established.
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.
Whether the Tribunal was justified in dismissing the reference
The Tribunal cannot be faulted for the orders issued; the appellate court would not interfere.
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.
Legal principles established
#- 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
#- 1.The Appeal is devoid of merit and is dismissed.
- 2.Each party to bear own costs of the Appeal.
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.