Ope t/a Diesel Turbo Charging Services v Fintel Limited (Environment and Land Appeal E002 of 2026) [2026] KEELC 2795 (KLR)
The bottom line
#A Kenyan tenant's bid to pause his eviction failed because he was already evicted, though the High Court confirmed interim tribunal rulings can be appealed.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to entertain an appeal from an interlocutory ruling of the Business Premises Rent Tribunal
The preliminary objection fails; the court is vested with jurisdiction because the ruling on the notice of motion dated 6th October 2025 was a determination emanating from the reference, and section 15(1) is not restricted to the final outcome of the reference.
The court construed section 15(1) of the Landlord and Tenants (Shops, Hotels and Catering Establishments) Act, holding that 'determination or order' includes any decision made within a reference, not merely the final outcome. The notice of motion dated 6th October 2025 was filed in the main reference BPRT 691/2025 and dismissed, making it a binding decision of the tribunal. Relying on Mike Muli v Justus Mwandikula Kilonzo & 4 others, the court held that only parties to a reference aggrieved by a determination or order arising from it have a right of appeal, which covered the appellant.
Whether stay of execution pending appeal should issue where execution has already occurred
The application for stay of execution is moot and is dismissed, together with all consequential prayers, because execution had already happened and new tenants had occupied the premises without contradiction by the applicant.
The respondent asserted in its replying affidavit that execution had already taken place, the appellant had been evicted and new tenants had moved in; the applicant did not contradict this. Stay of execution is directed at preventing an act that had already occurred, so the court would act in vain. Citing Okiya Omutatah Okoiti & 2 others v A.G. & 4 others (as approved in Daniel Kaminja & 3 others v County Government of Nairobi), the court held a matter is moot when events have placed it beyond the reach of the law and a ruling would have no practical impact.
Legal principles established
#- Section 15(1) of the Landlord and Tenants (Shops, Hotels and Catering Establishments) Act permits an appeal to the High Court from any determination or order arising out of a reference, including interlocutory determinations such as rulings on notices of motion, and not only from the final outcome of the reference.
- A court will not issue orders in vain; where events have overtaken the relief sought (such as completed execution and eviction), the application is moot and purely academic.
Court orders
#- 1.The Notice of Preliminary Objection dated 21st January 2026 is not merited (dismissed)
- 2.The Notice of Motion application dated 8th January 2026 is dismissed
- 3.Each party to bear its own costs
- On appeal from
- Business Premises Rent Tribunal (Nairobi Tribunal)
- E691 of 2025
- Jurisdiction invoked
- Section 15(1) of the Landlord and Tenants (Shops, Hotels and Catering Establishments) Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ope t/a Diesel Turbo Charging Services v Fintel Limited (Environment and Land Appeal E002 of 2026) [2026] KEELC 2795 (KLR)", Case Analysis (2026). BPRT Appeal arising out of BPRT Case No E691 of 2025, with Notice of Motion dated 8th January 2026 and Notice of Preliminary Objection dated 21st January 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2795/eng@2026-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.