Republic v Business Premises Rent Tribunal & another; Acacia Supermarket Limited & 2 others (Ex parte Applicants) (Environment and Land Judicial Review Case E080 of 2025) [2026] KEELC 3295 (KLR)
The bottom line
#The High Court confirmed you cannot get an injunction or status quo order in a judicial review case in Kenya — those are civil claim remedies.
What this practically means
#Executive summary
#Key legal issues
#Whether the High Court sitting as a judicial review court can grant interim injunctive and status quo orders in private disputes between landlord and tenant
It cannot; the remedies sought were private law remedies against individuals arising from a lease, not public law remedies
Judicial review is sui generis and a public law remedy through which the High Court supervises subordinate courts, tribunals and public bodies. The interested party's applications sought relief against individuals grounded in a lease agreement, remedies available only through a civil claim. The substantive motion challenged the BPRT's decision-making process, not the lease. Authorities confirm injunctions fall outside Section 8 of the Law Reform Act.
Whether the preliminary objection was a pure point of law
Yes; it challenged jurisdiction without requiring trial of disputed facts
Relying on Mukisa Biscuits and Musakali, the court held the objection raised a pure point of law with potential to dispose of the applications without trial, as it challenged jurisdiction. Jurisdiction is the foundation for the exercise of judicial authority; where it is absent, the court has no basis to proceed.
Legal principles established
#- Injunctions, whether temporary or final, cannot be granted in judicial review proceedings under the Law Reform Act and Order 53 of the Civil Procedure Rules
- Jurisdiction is foundational; a court without jurisdiction must down its tools
Court orders
#- 1.The chamber summons dated 11th December, 2025, 15th December, 2025 and 22nd December, 2025 are hereby dismissed with costs to the 1st to 3rd exparte applicants
- Jurisdiction invoked
- Judicial review jurisdiction under the Law Reform Act and Order 53 of the Civil Procedure Rules (leave granted on 4th December, 2025)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Business Premises Rent Tribunal & another; Acacia Supermarket Limited & 2 others (Ex parte Applicants) (Environment and Land Judicial Review Case E080 of 2025) [2026] KEELC 3295 (KLR)", Case Analysis (2026). Not stated in judgment (Judicial Review proceedings, High Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3295/eng@2026-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.