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ELCStruck OutNbi BPRT Cause No 986 of 2019 (appeal therefrom, amended Memorandum of Appeal dated 4/4/2024)· [2025] KEELC 6689 (KLR)

Kionga Investments Company & another v Kimani (Environment and Land Appeal E030 of 2024) [2025] KEELC 6689 (KLR)

Environment and Land Court
30 September 2025
JKJ G Kemei
1,406 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Appellants, being the landlords, appealed by an amended Memorandum of Appeal dated 4/4/2024 against a ruling of the Business Premises Rent Tribunal delivered by Hon Gakuhi Chege on 12/11/2021 in Nbi BPRT Cause No 986 of 2019. The underlying dispute concerned a tenancy at Golden Mile Complex, Nairobi, where the tenant/respondent claimed he paid a deposit of Kshs 500,000, contrary to the lease's stated deposit of Kshs 50,000, and complained of coerced rent escalation and lockouts. The Tribunal found the deposit valid and enforceable, upheld the increased rent of Kshs 60,500, and granted reliefs for lockouts, business interference and failure to manage the deposit. The Appellants sought to set aside that ruling, arguing the Tribunal rewrote the parties' contract, disregarded the pleadings, ignored the burden of proof under Section 107 of the Evidence Act, and was biased. The respondent did not file submissions. The Court framed two issues: competence of the appeal and its merit. Applying Section 79G of the Civil Procedure Act, the Court noted the appeal was filed on 4/3/24, three years and five months after the ruling, well outside the 30-day window, and that no leave to file out of time was obtained. The appeal was therefore incompetent and was struck out with no orders as to costs, the merits not being reached.

Key legal issues

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01

Competence of the appeal - compliance with the 30-day limitation in Section 79G of the Civil Procedure Act

Holding

The appeal was incompetent as it was filed 3 years and 5 months after the Tribunal's ruling without leave to file out of time, so the Court's jurisdiction was not invoked.

Reasoning

The ruling was delivered on 21/11/2021 and the appeal filed on 4/3/24. Section 79G requires filing within 30 days, with extension only on good and sufficient cause. No such leave was obtained or shown, hence the appeal was a nullity and was struck out without reaching merits.

p. 3
02

Whether the appeal was merited (submissions on the deposit and the Tribunal's findings)

Holding

Not reached; the appeal having been found incompetent, it was struck out before a merits determination.

Reasoning

The Court framed two issues (competence and merit) but disposed of the matter entirely on competence. The Appellants' submissions on the Kshs 500,000 deposit, contract bindingness and burden of proof under Section 107 of the Evidence Act were therefore never adjudicated.

p. 3

Legal principles established

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  • An appeal from a subordinate court must be filed within 30 days of the decree or order appealed against, and may only be admitted out of time upon sufficient cause shown; absent such leave, no valid appeal is before the court.
  • On a first appeal, the court must reconsider and evaluate the evidence afresh, while making allowance for not having seen or heard the witnesses.

Court orders

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  1. 1.The appeal is declared incompetent.
  2. 2.The appeal is struck out with no orders as to costs.

Authorities

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Legislation

  • Evidence ActSection 107
  • Civil Procedure ActSection 79G

Cases cited (2)

  • Selle & Another vs. Associated Motor Boat Co. Ltd & Others
    [1968] EA 123
  • Mbogo & Another vs Shah
    [1968] EA
On appeal from
Business Premises Rent Tribunal (BPRT)
Nbi BPRT Cause No 986 of 2019
Jurisdiction invoked
Appellate jurisdiction over BPRT rulings; Section 79G of the Civil Procedure Act (limitation for appeals from subordinate courts)

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, "Kionga Investments Company & another v Kimani (Environment and Land Appeal E030 of 2024) [2025] KEELC 6689 (KLR)", Case Analysis (2025). Nbi BPRT Cause No 986 of 2019 (appeal therefrom, amended Memorandum of Appeal dated 4/4/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6689/eng@2025-09-30

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