Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCStruck OutNot stated in judgment (ELC Appeal from Nakuru BPRT)· [2026] KEELC 3179 (KLR)

Musa v Kahara & another (Environment and Land Appeal E013 of 2025) [2026] KEELC 3179 (KLR)

Environment and Land Court
15 May 2026
3,212 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court struck out an appeal because the appellant was not the tenant facing rent distress, so he had no legal standing to sue.

What this practically means

#

Executive summary

#
The Appellant, Mohamed Ahmed Musa, appealed to the Environment and Land Court against a ruling of the Nakuru BPRT which had upheld a preliminary objection that his suit offended section 7 of the Civil Procedure Act, dismissing his suit with costs. Simultaneously he sought injunctive orders restraining the Respondents from levying distress for rent or interfering with his occupation of Plot No. 48 Olpusimur, Narok West; temporary orders were granted. The 1st Respondent, the registered proprietor of the plot following a Kericho Kadhi's Court-sanctioned purchase, filed a preliminary objection contending that the court lacked jurisdiction, that the Appellant had no locus standi being a stranger to the premises, and that the appeal and application were incompetent and an abuse of process. The Appellant countered that under Article 162(2)(b) of the Constitution, sections 13(1) and 13(4) of the Environment and Land Court Act and section 15 of Cap 301, appeals from the BPRT lie to the ELC, and that he was a tenant with rent receipts. The court first found the objection was a proper preliminary objection on pure points of law under the Mukisa Biscuits threshold as affirmed in Hassan Ali Joho. It then held that the distress for rent and proclamation had been issued against Ainashe Ahmed, the actual tenant, pursuant to a lawful subordinate court order that had not been set aside, and that the Appellant had no tenancy with the new owner. He therefore had no standing to sue or appeal. The preliminary objection was allowed; the entire appeal and application were struck out with costs to the Respondents, and the interim injunctive orders were vacated. The court found it unnecessary to determine the jurisdiction or abuse of process issues.

Key legal issues

#
01

Whether the notice was a proper preliminary objection

Holding

The objection on jurisdiction and locus standi is a pure point of law capable of disposing of the suit, and thus a proper preliminary objection

Reasoning

The court applied the Mukisa Biscuits definition, as affirmed by the Supreme Court in Hassan Ali Joho, and Quick Enterprises. The objection raised jurisdiction and standing, both of which are pure points of law requiring no ascertainment of facts and capable of disposing of the matter preliminarily.

p. 5
02

Locus standi of the Appellant

Holding

The Appellant has no locus standi: the distress for rent and proclamation were issued against Ainashe Ahmed, the tenant, and the 1st Respondent, as new owner, had no tenancy with the Appellant

Reasoning

The 1st Respondent acquired the plot through a Kericho Kadhi's Court-sanctioned sale, validated by Narok County Government. Distress was authorised by a lawful court order against Ainashe Ahmed. The Appellant was neither distressed nor a party to those proceedings and had no tenancy, written or unwritten, with the new owner; he should have sought joinder if aggrieved.

p. 6
03

Whether the court should determine jurisdiction and abuse of process

Holding

Having found the Appellant had no standing, the court found no reason to determine the jurisdiction or abuse of process issues

Reasoning

Since the appeal could not survive for want of standing, the remaining limbs of the preliminary objection were academic and the court declined to address whether the ELC had appellate jurisdiction over BPRT matters or whether the application was an abuse of process.

p. 6

Legal principles established

#
  • A party with no locus standi cannot sustain a suit; the suit must fail
  • A person who is not the tenant distressed for rent and is not a tenant of the owner has no capacity to bring an appeal against the registered owner

Court orders

#
  1. 1.The Notice of Preliminary Objection dated 25th September 2025 is allowed with costs to the Respondents
  2. 2.The entire Appeal and the accompanying Application dated 24th July 2025 are struck out
  3. 3.The interim and/or temporary orders of injunction are vacated forthwith

Authorities

#

Legislation

  • Civil Procedure Actsection 7
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301section 15
  • Constitution of KenyaArticle 162(2)(b)
  • Constitution of KenyaArticle 258 (quoted within Mumo Matemu)
  • Environment and Land Court Actsections 13(1) and 13(4)

Cases cited (15)

  • Owners of Motor Vessel ‘Lillian S’ vs Caltex Oil (K) Ltd
    (1989) KLR 1
  • Pritam vs Ratilal
    (1972) EA 560
  • R vs BPRT & Another Exparte Abdukadir Sharifi Abdirahim
    (2014) eKLR
  • Patrick Muiruri vs BPRT & Another
    (2015) eKLR
  • Alfred Njau & Others vs City Council of Nairobi
    (1982) eKLR
  • Bahadurali Ebrahim Shamji vs Noor Jamal & Others
    (1998) eKLR
  • Safaris Unlimited (Africa) vs Muchanga Investment
    (2009) eKLR
  • Sakar vs Kotoye
    (1992) 9 NWLR (PT 264) 188-189(E)
  • Ndirangu t/a Inter Vehicle Sales & 6 others vs Muhu Holdings Company Ltd
    (ELC Appeal E085 of 2021) (2024) KEELC 4117 (KLR) (7 May 2024) (Ruling)
  • Mutemi & another v Mwove & 6 others
    (Environment and Land Petition E001 of 2025) [2025] KEELC 8705 (KLR) (8 December 2025) (Ruling)
  • Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd
    (1969) EA 696
  • Hassan Ali Joho & another v Suleiman Said Shahbal & 2 others
    SCK Petition No 10 of 2013
  • Quick Enterprises Ltd vs Kenya Railways Corporation
    Kisumu HCCC No.22 of 1999
  • Law Society of Kenya v Commissioner of Lands & 2 Others
    (2001) eKLR
  • Mumo Matemu v Trusted Society of Human Rights Alliance & 5 Another
    (2013) eKLR
On appeal from
Nakuru BPRT (Business Premises Rent Tribunal)
Jurisdiction invoked
Article 162(2)(b) of the Constitution; sections 13(1) and 13(4) of the Environment and Land Court Act; section 15 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301 (raised by the Appellant; court did not reach the jurisdiction question)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Musa v Kahara & another (Environment and Land Appeal E013 of 2025) [2026] KEELC 3179 (KLR)", Case Analysis (2026). Not stated in judgment (ELC Appeal from Nakuru BPRT). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3179/eng@2026-05-15

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