Muinde v Kivaa (Environment and Land Appeal 1B of 2024) [2025] KEELC 7606 (KLR)
The bottom line
#A Kenyan tenant lost her shop because she ignored a valid termination notice and never referred it to the Rent Tribunal within one month.
What this practically means
#Executive summary
#Key legal issues
#Validity of the termination notice under Section 4 of Cap 301
The notice of 13th July 2023, served on 15th July 2023 and effective 15th September 2023, was validly issued
The court set out the statutory requirements in Sections 4(2), 4(4) and 4(5) of Cap 301: notice in the prescribed form, not less than two months before taking effect, specifying grounds and requiring a response within one month. It found the notice complied with all requirements as to issuance, form, reasons and service, and that the tenant's failure to invoke Section 6 meant the notice took effect.
Dismissal of the Appellant's reference
The reference was properly dismissed; the premises were not locked by the Respondent and the electricity disconnection was by Kenya Power for non-payment
The Respondent swore that the Appellant herself locked the premises and vanished, and that her stock was intact, which police investigations confirmed. The Appellant filed no replying affidavit to refute this. The disconnection was by Kenya Power over an outstanding bill of Kshs.81,333.59, not by the landlord, so the complaint in the reference failed.
Dismissal of the notice of motion dated 21st September, 2023
The motion was properly dismissed as there was no evidence of forceful eviction, harassment, rent increase, demolition or disposal
The Appellant admitted rent arrears in her supporting affidavit and had not paid rent for July to November 2023. Kenya Power had disconnected electricity for non-payment. The landlord had not indicated any rent increase or intention to demolish or dispose of the premises; after the notice took effect he merely corresponded seeking vacant possession.
Legal principles established
#- A landlord wishing to terminate a controlled tenancy must give notice in the prescribed form and must specify the grounds and require the receiving party to respond within one month
- A first appellate court must reconsider and evaluate the evidence and draw its own conclusions, while making allowance for not having seen or heard the witnesses
- A tenant who fails to refer a termination notice to the Tribunal under Section 6 of Cap 301 within the statutory time cannot thereafter resist termination, the notice having taken effect
Court orders
#- 1.The Appellant's appeal is dismissed
- 2.Costs of the appeal awarded to the Respondent
- On appeal from
- Business Premises Rent Tribunal (Vice-Chairperson)
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muinde v Kivaa (Environment and Land Appeal 1B of 2024) [2025] KEELC 7606 (KLR)", Case Analysis (2025). Environment and Land Appeal 1B of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7606/eng@2025-11-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.