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ELCOtherNot stated in the judgment· [2025] KEELC 7377 (KLR)

Shah & 2 others v International Electricals (K)Limited (Environment and Land Case E205 of 2024) [2025] KEELC 7377 (KLR)

Environment and Land Court
24 October 2025
TMT. MURIGI
1,107 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ruled that a tenant's faulty termination-notice objection needs evidence, so it cannot end a landlord's eviction case early.

What this practically means

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Executive summary

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The Plaintiffs sued the Defendant as registered owners of Nairobi/Block 10/791, seeking a declaration that the controlled tenancy had terminated, an order of eviction, rent arrears of Kshs. 280,000 with interest, and mesne profits of Kshs. 250,000 per month from May 2024. They relied on a termination notice dated 20th March 2024, contending that since the Defendant did not file a reference at the Business Premises Rent Tribunal, the controlled tenancy stood terminated. The Defendant defended the suit, arguing the notice was incurably defective for failing to comply with the mandatory two-month notice period under Section 4(4) of the Landlord and Tenants (Shops, Hotels and Catering Establishments) Act, and raised a preliminary objection challenging the court's jurisdiction. The objection was canvassed by written submissions. The Defendant maintained the defective notice was unenforceable by the Tribunal or the court; the Plaintiffs countered that the objection was not a pure point of law and relied on Oraro v Mbaja. Applying Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd, the court held that determining the notice's validity would require examining evidence on the service date and the two-month period, placing it beyond a pure point of law. The court further found the tenancy was a controlled tenancy, but that absent a reference to the Tribunal, the Plaintiffs were at liberty to approach the court to enforce their proprietary rights. The preliminary objection was dismissed. No costs order appears.

Key legal issues

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01

Whether the defectiveness of a statutory termination notice under Section 4(4) can be raised as a preliminary objection

Holding

No - determining the notice's validity requires examination of evidence on service date and the two-month period, so it is not a pure point of law

Reasoning

The court applied the Mukisa Biscuits and Oraro v Mbaja definitions of a preliminary objection. Because ascertaining whether the two-month notice period was observed would require proof of facts such as the actual service date, the objection blurred law with contested factual detail and fell outside the scope of a valid preliminary objection.

p. 3
02

Whether the court can entertain the suit given the controlled tenancy framework

Holding

Yes - the tenancy is a controlled tenancy, but as no reference was filed at the Tribunal, the Plaintiffs may approach the court to enforce proprietary rights

Reasoning

Under Section 4(4) of the Act, a controlled tenancy terminates per the notice if the tenant does not file a reference within one month. The Defendant did not file a reference. Consequently the Tribunal's jurisdiction was never invoked, leaving the Plaintiffs at liberty to seek enforcement of their proprietary rights in this Court.

p. 3

Legal principles established

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  • A preliminary objection must be on a pure point of law founded on facts not in dispute; it cannot be sustained where ascertainment of facts or evidence is required
  • Where a controlled tenant fails to file a reference at the Tribunal against a termination notice, the landlord may approach the court to enforce its proprietary rights

Court orders

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  1. 1.The preliminary objection is dismissed

Authorities

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Legislation

  • Landlord and Tenants (Shops, Hotels and Catering Establishments) ActSection 4(4)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActSection 2

Cases cited (2)

  • Mukisa Biscuits Manufacturing Company Ltd v West End Distributors Ltd
    (1969) EA 696
  • Oraro v Mbaja
    (2005) eKLR
Jurisdiction invoked
Original civil jurisdiction to enforce proprietary rights over the suit property; no specific provision cited in the ruling

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, "Shah & 2 others v International Electricals (K)Limited (Environment and Land Case E205 of 2024) [2025] KEELC 7377 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7377/eng@2025-10-24

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