Shantaben and Associates (C/o Shabana Osman & company Associates, Advocates)Shantaben and Associates v Tile City Limited & 3 others (Environment and Land Case E526 of 2024) [2026] KEELC 1743 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear tenancy disputes even when the money involved falls below the amount that would normally send a case to a lower court.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection on jurisdiction is a pure point of law
It is, because it questions the court's jurisdiction and, if successful, would dispose of the whole suit.
Applying Mukisa Biscuit and Oraro v Mbaja, the court held that an objection founded on the absence of statutory jurisdiction, if successful, would end the matter and raises no contested facts, thereby meeting the threshold of a true preliminary objection.
Whether the dispute falls within section 13 of the Environment and Land Court Act
Yes; the tenancy agreement was still in place when the suit was filed and the dispute concerns use and occupation of land.
The lease signed on 25th November 2020 was for 5 years and 3 months, lapsing in February 2026, while the suit was filed on 19th December 2024. The dispute over alleged unlawful termination and rent arrears therefore concerned land use and occupation, attracting the ELC's exclusive jurisdiction.
Whether the court has pecuniary jurisdiction
Yes; the Magistrates Courts Act does not oust the ELC's jurisdiction over lower-value suits.
The court held that although cases should ordinarily be filed in the lowest court having regard to pecuniary jurisdiction, the consequence of any error is transfer to the lower court, not striking out, striking out pleadings being a last resort.
Legal principles established
#- Disputes relating to leases, tenancies and contracts involving land fall within the jurisdiction of the Environment and Land Court under section 13(2)(e) of the ELC Act.
- The Magistrates Courts Act does not oust the ELC's jurisdiction over cases whose value is below Kshs 20 million; the remedy is transfer, not striking out.
- Where a tenancy relationship still exists at filing, breach of the tenancy agreement is a dispute the ELC can entertain.
Court orders
#- 1.The notice of preliminary objection dated 18th September 2025 lacks merit and is dismissed with costs to the plaintiff
- Jurisdiction invoked
- Section 13(2)(e) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shantaben and Associates (C/o Shabana Osman & company Associates, Advocates)Shantaben and Associates v Tile City Limited & 3 others (Environment and Land Case E526 of 2024) [2026] KEELC 1743 (KLR)", Case Analysis (2026). Not stated in judgment (ELC suit, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1743/eng@2026-03-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.