Ali & another v Ngige & 2 others (Land Case E095 of 2025) [2025] KEELC 7353 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear disputes over long-term leases because such leases are not controlled tenancies handled by the rent tribunal.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has jurisdiction over a dispute arising from a 15-year lease
Yes - the lease is not a controlled tenancy, so BPRT jurisdiction is ousted and the ELC has jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act
The court derived its jurisdiction from Article 162(2)(b) of the Constitution and Section 13 of the ELC Act, which covers disputes relating to enforceable interests in land. Section 2 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act defines a controlled tenancy as one not in writing or for a period not exceeding five years. The lease here ran from 1st April 2024 to 30th April 2039 (fifteen years) and was renewable, placing it outside the BPRT's jurisdiction.
Whether the suit is res judicata and sub judice by reason of prior and pending BPRT references
No - these grounds depend on contested factual matters and no evidence of the BPRT proceedings was adduced, so they cannot support a preliminary objection
The court applied Odeny v Attorney General, holding that where a preliminary objection rests on a fact the other side denies, and the objector has not produced evidence of the prior proceedings to enable comparison of the pleadings, the objection fails the Mukisa Biscuit threshold of a pure point of law. The plaintiffs and 1st defendant denied participation in the BPRT references, requiring ascertainment of fact beyond a preliminary objection.
Whether the ground of exhaustion of administrative remedies was established
Not determined, as no submissions were made on it
The third ground in the preliminary objection alleged breach of the exhaustion doctrine under the Fair Administrative Action Act. No party addressed submissions to it, and the court declined to make any determination, treating it as abandoned.
Legal principles established
#- A preliminary objection must be a pure point of law and cannot rest on disputed facts or require ascertainment of evidence
- The BPRT's jurisdiction is confined to controlled tenancies; a fifteen-year renewable lease falls outside it and disputes over such lease are within the ELC's jurisdiction
Court orders
#- 1.The Preliminary Objection dated 13th March 2025 is dismissed as devoid of merit
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ali & another v Ngige & 2 others (Land Case E095 of 2025) [2025] KEELC 7353 (KLR)", Case Analysis (2025). Not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7353/eng@2025-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.