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ELCDismissedNot stated in the judgment· [2025] KEELC 6586 (KLR)

Mwangi & 11 others (Environment and Land Appeal 038 of 2024) [2025] KEELC 6586 (KLR)

Environment and Land Court
29 September 2025
1,293 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court dismissed an appeal against a rent tribunal's ruling, confirming tribunals can award costs and that earlier final court decisions bind later disputes over the same land.

What this practically means

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Executive summary

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This is a first appeal against a ruling dated 22 July 2024 of the Business Premises Rent Tribunal at Nyeri in case No. E131 of 2023. The background was that Andrew Kiiru Kamau moved the tribunal on 19 March 2024 seeking stay of ex parte orders of 15 December 2023 directing him and tenants to give vacant possession, orders obtained by the Appellant on the basis of a decree in Nyeri HCCC No. 62 of 2012 that had been set aside. A related Murang'a ELC suit (E013 of 2022) had been struck out as res judicata on 23 February 2023, barring the Appellant from filing further suits over the land. The tribunal found the matter res judicata, held that Andrew Kiiru Kamau had locus standi to seek review under Section 80 of the Civil Procedure Act and Order 45, and awarded Kshs 100,000 under Section 12(1)(1C) read with Section 13 of Cap 301 for costs of setting aside the ex parte orders. The Appellant appealed on four grounds: failure to distinguish tenancy from ownership, purporting to adjudicate ownership without jurisdiction, misapplication of res judicata, and unlawful award of costs. M.N. Gicheru J rejected all grounds, holding that the tribunal made no ownership determination, that the res judicata finding originated from the ELC Murang'a ruling, and that Section 12(1)(k) of Cap 301 empowered the tribunal to award exemplary costs. The appeal was dismissed with no order as to costs, the Respondents having not participated.

Key legal issues

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01

Whether the tribunal failed to distinguish between tenancy and ownership of the suit property

Holding

The tribunal made no determination on ownership; its three findings related to res judicata, the ELC bar on fresh suits, and locus standi to seek review

Reasoning

The court reviewed the tribunal judgment and found no mention of tenancy or ownership anywhere in it. The tribunal's findings concerned the Murang'a ELC ruling barring fresh suits, res judicata, and Andrew Kiiru Kamau's locus standi under Order 45 and Section 80. The first and second grounds of appeal therefore failed.

p. 3
02

Whether the tribunal misapplied the principle of res judicata

Holding

The tribunal did not misapply res judicata; the res judicata finding originated from the ELC Murang'a ruling of 23-2-2023 which struck out E013 of 2022 and barred further suits on the land

Reasoning

The original record contained the ruling of 23-2-2023 striking out Murang'a ELC No. E013 of 2022 as res judicata and barring the appellant from filing any other suit over the land. The tribunal merely reached the obvious conclusion flowing from that superior court ruling; it did not itself create the res judicata finding.

p. 3
03

Whether the tribunal had power to award costs including exemplary costs

Holding

Section 12(1)(k) of Cap 301 expressly empowers the tribunal to award costs, which may be exemplary where a reference is frivolous or vexatious

Reasoning

The court construed Section 12(1)(k) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, which permits a tribunal to award costs of references made to it, including exemplary costs where a reference is frivolous or vexatious. The award of Kshs 100,000 compensation was therefore within statutory authority and the fourth ground of appeal failed.

p. 3

Legal principles established

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  • On a first appeal the court must reconsider and evaluate the evidence afresh while making allowance for not having seen or heard the witnesses
  • A tribunal has statutory authority under Section 12(1)(k) of Cap 301 to award costs, including exemplary costs for frivolous or vexatious references

Court orders

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  1. 1.The appeal dated 22-8-2024 is dismissed in its entirety
  2. 2.No order as to costs since the Respondents did not participate in the appeal
On appeal from
Business Premises Rent Tribunal at Nyeri
E131 of 2023
Jurisdiction invoked
First appeal from the Business Premises Rent Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301

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, "Mwangi & 11 others (Environment and Land Appeal 038 of 2024) [2025] KEELC 6586 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6586/eng@2025-09-29

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