Kamau & another (Both Suing as the Administrators of the Estate of George Kamau Ngarama - Deceased) v Ratemo (Environment and Land Case E074 of 2024) [2026] KEELC 4121 (KLR)
The bottom line
#A Nakuru court ended a hotel lease for unpaid rent and awarded the landlord KShs 3.5 million because the tenant proved nothing in his defence.
What this practically means
#Executive summary
#Key legal issues
#Breach of lease for non-payment of rent and utilities
The Defendant admitted rent arrears of Kshs. 3,083,000 and unpaid electricity and water bills, constituting breach entitling rescission of the lease.
The lease terms were not in dispute and the Defendant admitted the arrears of rent, electricity and water bills. His departure from the premises without payment amounted to fundamental breach, justifying the Plaintiff treating the lease as rescinded and obtaining a declaration to that effect.
Entitlement to special damages
Special damages of Kshs. 3,495,806.00 were proved by oral and documentary evidence and were uncontroverted.
Applying the settled principle that special damages must be pleaded and strictly proved, the Plaintiff tendered the lease, rent statement records and utility bills. The Defendant led no evidence to controvert the claim, so the court awarded the pleaded sum with interest at court rates from judgment.
Defendant's counterclaim for lost earnings and vandalised property
The counterclaim failed for want of proof.
DW1 admitted in cross-examination that he had no records showing weekly earnings of Kshs. 1.1 million, no records of sales, accommodation or vandalised items, and had never claimed the deposit or Kshs. 50.6 million in the counterclaim. Speculative claims unsupported by documents cannot succeed.
Legal principles established
#- Special damages must be both specifically pleaded and strictly proved before a court can award them.
- A party who alleges must prove his claim; mere denials or unsubsantiated claims fail on a balance of probabilities.
Court orders
#- 1.The Plaintiffs are entitled to special damages of Kshs. 3,495,806.00 with interest at court rates from the date of Judgment until payment in full.
- 2.A permanent injunction restraining the Defendant, his servants, employees, agents or any person acting under his instructions from interfering with Nakuru Municipality Block 15/12 Dlux Hotel Section 58 Nakuru City along Oginga Odinga road.
- 3.A declaration that the lease agreement dated 1st April, 2015 stands rescinded and/or revoked on account of breach on the part of the Defendant.
- 4.Defendant to bear costs of the suit.
- 5.Defendant's counterclaim dismissed with costs to the Plaintiff.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution (Environment and Land Court, lease/land dispute)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamau & another (Both Suing as the Administrators of the Estate of George Kamau Ngarama - Deceased) v Ratemo (Environment and Land Case E074 of 2024) [2026] KEELC 4121 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4121/eng@2026-07-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.