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ELCDismissedNot stated in the judgment (appeal from BPRT Reference dismissed 21/2/2025)· [2026] KEELC 825 (KLR)

Maina v Administrators of the Estate of Bernard Odipo (Deceased) (Environment and Land Appeal E060 of 2025) [2026] KEELC 825 (KLR)

Environment and Land Court
12 February 2026
3,781 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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A Kenyan court upheld a landlord's right to terminate a business tenancy because the tenant sublet the premises without consent, but rejected weaker, unproven grounds.

What this practically means

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Executive summary

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This is a first appeal from the Business Premises Rent Tribunal (Hon. Joyce Akinyi Osodo), which on 21/2/2025 dismissed the Appellant tenant's Reference contesting the Respondent landlord's notice to terminate a controlled tenancy dated 9/8/2024 on three grounds: repossession for personal use, subletting without consent, and bypassing electricity meters. The Tribunal had also directed the landlord to serve the sub-tenants with proper notices under Section 4(2) of Cap 301 and awarded costs of Kshs. 25,000. The Appellant appealed, contending the notice lacked sufficient grounds under Section 7, that subletting was not proved, that no evidence of meter bypass existed, that the Tribunal relied on an unproved order in BPRT Case No. 381 of 2014, and that its alternative prayer for refund of a rent deposit of Kshs. 90,000 and goodwill of Kshs. 650,000 was ignored. The Respondent maintained the tenancy agreement was breached by unlawful subletting and non-payment of electricity bills, and that no refund was due. The court, restating its duty on a first appeal to re-analyse the evidence, held the termination notice valid under Sections 4(2), 4(4) and 4(5) of Cap 301 and Regulation 4(1). On the merits, it found the repossession ground unproved for lack of a firm and settled intention to occupy, and the meter-bypass ground unproved; however, it upheld the Tribunal's finding that the Appellant sublet the premises to three sub-tenants without consent, justifying termination. The alleged BPRT order was irrelevant as it was neither a termination ground nor proved. The appeal was dismissed with costs to the Respondent on 12/2/2026.

Key legal issues

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01

Validity of the termination notice dated 9/8/2024

Holding

The notice complied with Section 4(2), 4(4) and 4(5) of Cap 301 and Regulation 4(1) and was valid.

Reasoning

The notice was expressed to be brought under Section 4(2), gave an effective date of 1/11/2024 (more than two months after receipt), specified the grounds for termination, and was in the prescribed form as required by Regulation 4(1) of the Landlord and Tenant (Shops forms and procedure) Regulations.

p. 6
02

Repossession for personal use under Section 7(1)(g)

Holding

The Respondent failed to prove a firm and settled intention to occupy the premises for its own business; this ground was not proved.

Reasoning

The Act is protective of tenants, and the burden was on the landlord to establish an intention to occupy for not less than one year. The Tribunal made no finding on intention, and on review of the evidence the court was not satisfied that the Respondent established such a firm and settled intention.

p. 7
03

Subletting without the landlord's consent

Holding

The Respondent proved subletting to three sub-tenants without consent, justifying termination under Section 7(1)(c).

Reasoning

Clause 5 of the Tenancy Agreement barred subletting. The Appellant's claim of having ventured into other businesses was unsupported, while the Respondent adduced the termination notices served on the three sub-tenants under Section 5(2) of the Act. The Tribunal's finding on this ground could not be faulted.

p. 7
04

Alleged bypassing of electricity meters

Holding

The Respondent did not adduce evidence proving the alleged bypass; the ground was not proved.

Reasoning

Other than attaching the billing statement, no inspection report, technical evidence or KPLC witness was produced. Bypassing meters is a criminal offence under the Energy Act of 2019 and the Respondent had not reported it to the relevant authorities.

p. 7
05

Reliance on the alleged order in BPRT Case No. 381 of 2014

Holding

The alleged order to vacate was not a ground for terminating the tenancy and there was no basis for referring to it.

Reasoning

The court held that the issue was not one of the grounds for termination and, especially since the order was not adduced in evidence before the Tribunal, no reliance could be placed on it.

p. 7

Legal principles established

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  • On a first appeal, the court must re-analyse the case and draw its own independent conclusions on both fact and law.
  • A tenancy notice complies with Cap 301 only if it is in the prescribed form, specifies grounds, and gives not less than two months' notice.
  • The onus is on the landlord to establish a firm and settled intention to occupy premises sought for personal use under Section 7(1)(g).

Court orders

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  1. 1.The appeal is dismissed as lacking in merit
  2. 2.Costs are awarded in favour of the Respondent

Authorities

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Legislation

  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActSections 4(2), 4(4), 4(5), 5(2), 7, 7(1)(c), 7(1)(g)
  • Landlord and Tenant (Shops forms and procedure) RegulationsRegulation 4(1)
  • Evidence ActSection 107
  • Energy Act2019
  • Civil Procedure ActSection 78

Cases cited (7)

  • Stephen Thiongó –vs- George Gor Choro
    (2021) eKLR
  • Fisher –vs- Taylors Furnishing Sores Ltd
    (1956) 2 All ER 78
  • Paramount Bank Limited vs First National Bank Limited & 2 others
    (2023) KECA 1424 (KLR)
  • Fredrick Mutua Mulinge t/a Kitui Uniform –vs- Kitui Teachers Housing Cooperative Society Limited
    [2017] KEELC 1941 (KLR)
  • Narshidas & Company Limited -vs- Nyali Air Conditioning and Refrigeration Services Limited
    Civil Appeal No. 205 of 1995
  • Eldomart Holdings Limited –vs- Ticket Company Limited
    [2019] KEELC 4412 (KLR)
  • Auto Engineering v Gonella
    (1978) KLR 248
On appeal from
Business Premises Rent Tribunal
Reference dated 8/9/2024 (Chairperson: Hon. Joyce Akinyi Osodo); related BPRT Case No. 381 of 2014 mentioned
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

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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, "Maina v Administrators of the Estate of Bernard Odipo (Deceased) (Environment and Land Appeal E060 of 2025) [2026] KEELC 825 (KLR)", Case Analysis (2026). Not stated in the judgment (appeal from BPRT Reference dismissed 21/2/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/825/eng@2026-02-12

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