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ELCDismissedELC Appeal No. E015 of 2025 (Review Application)· [2025] KEELC 8489 (KLR)

Runo v Kariuki & 2 others (Environment and Land Appeal E015 of 2015) [2025] KEELC 8489 (KLR)

Environment and Land Court
4 December 2025
2,374 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Nakuru dismissed a tenant's review application, confirming you cannot smuggle an appeal into a review by recycling evidence you already had.

What this practically means

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Executive summary

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Emmah Wairimu Runo (applicant) applied under Order 45 of the Civil Procedure Rules 2010 for review of the ELC Nakuru judgment of 9th October 2025, which had dismissed her appeal against the Business Premises Rent Tribunal ruling of 14th March 2025 ordering her eviction from premises on LR Nakuru Municipality Block 5/98 and payment of costs. She sought review on the basis of alleged new and important matter: succession proceedings instituted in Nyahururu (HCFP & A E019 of 2025) for the estate of Simon Waweru Mugo, one of the registered owners, on the strength of which she argued that the respondents lacked capacity to terminate the lease, that a 2017 Power of Attorney lapsed on the donors' deaths, and that no valid notice issued. The respondents (Jacinta Gathoni Kariuki, Grace Wacice Waweru and Mary Wambui) countered that the issue of their capacity and recognition as landladies was litigated and determined by the Tribunal, in related BPRT E065 of 2023 rulings, and by this Court, engaging res judicata; that Grace Wacice Waweru acted as legal guardian of Simon Waweru Mugo, a mental patient; and that the application was an appeal disguised as review. Ombwayo J found no new and important matter: Mugo died two days after the Tribunal's decision so his death was immaterial; the proprietors' deaths and guardianship were within the applicant's knowledge from affidavits on record; and contentions about the Power of Attorney should have been directed at the Tribunal's decision. The application was dismissed with costs on 4th December 2025.

Key legal issues

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01

Whether the succession proceedings in Nyahururu HCFP & A E019 of 2025 constitute new and important matter for review

Holding

No; the death of Simon Waweru Mugo occurred after the Tribunal's decision and was not material, and the succession proceedings were initiated before judgment but the underlying facts were known to the applicant

Reasoning

The court observed that Simon Waweru Mugo died on 16th March 2025, two days after the Tribunal's decision, so his death could not affect the Tribunal's jurisdiction or capacity findings. The succession cause was initiated on 30th September 2025, but the fact of the proprietors' deaths and the guardianship of Grace Wacice Waweru were already on record through affidavits before the Tribunal, so the applicant cannot claim due diligence.

p. 4
02

Whether the applicant's contention on the lapse of the Power of Attorney upon the donors' death can found review

Holding

No; such a contention should have been deployed against the Tribunal's decision, not the judgment on appeal

Reasoning

The court held that the allegation that the Power of Attorney lapsed in 2021 was a matter going to the Tribunal's decision and should have been used in an application for review of the Tribunal ruling, or raised before the Tribunal itself. Raising it for the first time on review of the appellate judgment is an attempt to re-litigate matters already open to the applicant, defeating the narrow grounds of Order 45.

p. 5
03

Whether the respondents' capacity had already been conclusively determined

Holding

Yes; the issue was litigated and determined by the Tribunal and this Court, engaging res judicata

Reasoning

The respondents argued, and the record showed, that the question of the respondents' capacity as landladies and lawful representatives of the three families was raised and determined in BPRT E164 of 2024, in related rulings in BPRT E065 of 2023, and in this Court's judgment of 9th October 2025. The review application cannot reopen matters conclusively determined; to do so would convert review into a second appeal.

p. 3

Legal principles established

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  • Matters that were within the applicant's knowledge or ought to have been known before the original decision, but were not raised, cannot be raised on review
  • An application requiring the court to re-evaluate evidence and draw different conclusions is an appeal disguised as a review and is impermissible

Court orders

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  1. 1.The application for review of the judgment dated 9th October 2025 is dismissed
  2. 2.Costs of the application awarded to the respondents
On appeal from
Business Premises Rent Tribunal (Nakuru BPRT Nov E164 of 2024)
Nakuru BPRT Nov E164 of 2024
Jurisdiction invoked
Order 45 of the Civil Procedure Rules 2010; appeal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301

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, "Runo v Kariuki & 2 others (Environment and Land Appeal E015 of 2015) [2025] KEELC 8489 (KLR)", Case Analysis (2025). ELC Appeal No. E015 of 2025 (Review Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8489/eng@2025-12-04

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