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ELCDismissedNotice of Motion dated 8th August, 2025 (Nairobi BPRT Case No. E711 of 2025 referred to)· [2026] KEELC 3645 (KLR)

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)

High Court of Kenya
15 June 2026
1,646 words in judgment
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The bottom line

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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

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Executive summary

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The ex-parte applicant, SBS Dunhill Group (E.A) Limited, obtained leave and filed a notice of motion dated 8th August, 2025 seeking orders of certiorari to quash the orders of 24th June, 2025 and the proceedings in Nairobi BPRT Case No. E711 of 2025 (Martin Nyongesa v Ajetkumar C. Shah & Others and SBS Dunhill Group (E.A) Limited), together with any further orders and costs. It contended that it was never served with the pleadings or the said orders; that the 2nd respondent's lease agreement dated 17th May, 2025 was signed a day after an irregular eviction; and that the tribunal acted irregularly and ultra vires in granting interim injunctions. The 3rd respondent opposed, contending no leave was granted against the 24th June, 2025 orders, that no law prescribes a minimum length for a tenancy agreement, and that no invalidity in the tenancy was demonstrated. The court applied the Pastoli and Municipal Council of Mombasa principles that judicial review addresses illegality, irrationality and procedural impropriety in the decision-making process, not the merits. It found the applicant's case focused on the outcome of the tribunal proceedings rather than the process; the applicant failed to avail the tribunal proceedings or the alleged orders of 24th June, 2025, and the court cannot act on presumptions or assume an appellate role. The notice of motion was dismissed with each party bearing its own costs.

Key legal issues

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01

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

Holding

The application for certiorari was dismissed; the applicant failed to demonstrate illegality, irrationality or procedural impropriety in the tribunal's decision-making process

Reasoning

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.

p. 4
02

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

Holding

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

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 1.The notice of motion dated 8th August, 2025 is dismissed
  2. 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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.