Republic v Business Premises RentTribunal & 2 others; SBS Dubhill Group (EA) Ltd (Ex parte Applicant) (Environment and Land Judicial Review Case E059 of 2025) [2026] KEELC 3645 (KLR)
The bottom line
#A Kenyan company failed to overturn a tribunal decision because it attacked the outcome instead of proving the process was flawed.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex-parte applicant is entitled to orders of certiorari to quash the tribunal's orders and proceedings of 24th June, 2025 in BPRT Case No. E711 of 2025
The application for certiorari was dismissed; the applicant failed to demonstrate illegality, irrationality or procedural impropriety in the tribunal's decision-making process
Judicial review is concerned with process, not outcome. The applicant emphasised the outcome of the tribunal matter rather than the process. It did not supply the tribunal proceedings needed to assess ultra vires or irregular conduct, and did not avail the alleged orders of 24th June, 2025 to prove service failures. The court cannot act on presumptions or assume an appellate role without evidence.
Whether the lease agreement of 17th May, 2025, signed a day after the alleged irregular eviction, rendered the tribunal's grant of interim injunctions ultra vires
The timing and form of a tenancy agreement is a contractual matter between parties outside the tribunal's and court's purview in judicial review
The court held that it is not for the tribunal to determine how soon an agreement should be entered into; that is a contract between parties and negotiations surrounding it are unknown to the court or tribunal. The 3rd respondent maintained there is no law prescribing a minimum number of pages for a tenancy agreement, and the applicant demonstrated no invalidity.
Legal principles established
#- To succeed in judicial review, an applicant must show that the decision complained of is tainted with illegality, irrationality or procedural impropriety
- Judicial review concerns the process of decision-making, not the merits; the court is not entitled to act as a court of appeal over the decider
- A court cannot determine issues based on presumptions without evidence to support them; a party alleging irregular orders must avail them
Court orders
#- 1.The notice of motion dated 8th August, 2025 is dismissed
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Judicial review jurisdiction under leave granted on 4th August, 2025 for orders of certiorari against the 1st respondent's orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Business Premises RentTribunal & 2 others; SBS Dubhill Group (EA) Ltd (Ex parte Applicant) (Environment and Land Judicial Review Case E059 of 2025) [2026] KEELC 3645 (KLR)", Case Analysis (2026). Notice of Motion dated 8th August, 2025 (Nairobi BPRT Case No. E711 of 2025 referred to). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3645/eng@2026-06-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.