Runo v Gathoni (Environment and Land Appeal E015 of 2025) [2025] KEELC 6865 (KLR)
The bottom line
#A Kenyan court confirmed that landlords can terminate controlled tenancies with a properly drafted statutory notice if the tenant fails to challenge it in time.
What this practically means
#Executive summary
#Key legal issues
#Res judicata - whether the reference in BPRT E164 of 2024 was barred by prior determinations in BPRT No. 7 of 2018 and BPRT E065 of 2023
The claim was not res judicata because the issues in the earlier matters (rent remittance) were not similar to the later application seeking vacant possession
The court perused the tribunal's orders of 16th June 2023 and 11th August 2023, noting the earlier matters dealt with rent and tenancy disputes, while the application dated 30th October 2024 sought orders for the tenant to vacate. Since the issues were not similar, the tribunal chairperson did not err in rejecting the res judicata objection.
Validity of the termination notice dated 24th May 2024
The notice complied with Section 4(2) of Cap 301 and, the tenant having not responded or referred the matter to the Tribunal, took effect under Section 10
The notice dated 24th May 2024 was served on 30th May 2024 to take effect on 1st August 2024, citing failure to remit rent and intention to renovate. The Appellant acknowledged receipt and did not respond. The court held the notice did not depart from prescribed Form A and was therefore valid.
Whether the tribunal erred in allowing the reference for vacant possession
No; the tribunal's decision of 14th March 2025 that the Appellant vacate the suit premises was sound and would not be disturbed
Having found the notice valid and the claim not res judicata, the court found no reason to disturb the tribunal's findings. Continued occupation after termination of the tenancy was argued not to create a new landlord-tenant relationship, and the prayer for vacant possession was unopposed.
Legal principles established
#- A first appellate court must reconsider and re-evaluate the evidence and draw its own conclusions, while making allowance for not having seen or heard the witnesses
- A landlord terminating a controlled tenancy must give notice in the prescribed form under Section 4(2) of Cap 301, and where the tenant fails to refer the notice to the Tribunal in time, the notice takes effect from the date specified (Section 10)
Court orders
#- 1.The appeal is dismissed entirely with costs to the Respondent
- 2.The tribunal's ruling of 14th March 2025 ordering the Appellant to deliver vacant possession of the suit premises is not disturbed
- On appeal from
- Business Premises Rent Tribunal (BPRT)
- Nakuru BPRT Case No. E164 of 2024
- Jurisdiction invoked
- Section 15(1) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301) read with Article 165(3)(c) of the Constitution (first appeal against a tribunal ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Runo v Gathoni (Environment and Land Appeal E015 of 2025) [2025] KEELC 6865 (KLR)", Case Analysis (2025). Not stated in judgment (appeal from Nakuru BPRT Case No. E164 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6865/eng@2025-10-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.