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ELCDismissedNakuru Business Premises Tribunal Case No E205 of 2023 (Consolidated with Nakuru BPRT No. E217 of 2023), Appeal therefrom· [2026] KEELC 4409 (KLR)

Baringo United Company Ltd v Muhia & another (Environment and Land Appeal E011 of 2025) [2026] KEELC 4409 (KLR)

Environment and Land Court (High Court) at Nakuru
14 July 2026
3,972 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan landlord cannot evict a tenant to 'rebuild' without solid proof—current approvals, finances, and firm plans—of genuinely intending to demolish and reconstruct.

What this practically means

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Executive summary

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This was a first appeal from a judgment of the Business Premises Tribunal (Nakuru BPRT Case No E205 of 2023, consolidated with No E217 of 2023) delivered on 28th February 2025 by Hon. Gakuhi Chege (Panel Chairperson) and Hon. Joyce Akinyi Osodo (Member). The Tribunal had allowed the 1st Tenant's reference and disapproved the landlord's notice of termination dated 26th October 2023, restraining the landlord from issuing another notice on the same grounds for 12 months under Section 9(3) of Cap 301; the 2nd Tenant's complaint was struck out with costs to the landlord. The landlord appealed on 12 grounds, essentially contending that the Tribunal erred in finding that it had not proved an intention to demolish and reconstruct the premises on Nakuru Municipality Block 5/114, raised the standard of proof, and misapplied Auto Engineering Ltd v Gonella. The court, per M. A. Odeny J, condensed the appeal into three issues: whether the Tribunal erred in finding no proved intention to terminate; whether it misapplied Auto Engineering; and costs. Applying the first-appeal duty in Okeno v Republic and Abok James Odera, and the law in Auto Engineering and Fisher v Taylors Furnishing Stores, the court held that the burden lay on the landlord to establish a firm and settled intention, backed by approved plans, financial capacity, statutory approvals and adopted resolutions. The 2016 plans had lapsed and were never converted into a development permission (Form DC8), structural details and a geotechnical report were never availed, and the minutes bore no proof of adoption. The court found the Tribunal did not err, dismissed the appeal with costs to the Respondent.

Key legal issues

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01

Whether the Appellant proved intention to demolish and reconstruct under Section 7(1)(f) of Cap 301

Holding

The Tribunal did not err in finding that the Appellant failed to establish the intention

Reasoning

The approved building plans dated 21st July 2016 required construction within 24 months and were subject to renewal; the renewal document was not a development permission (Form DC8 was never issued). Termination notices were issued almost 3 years later. Structural details and a geotechnical report were never availed, and 15 conditions of the plans were not fully met. The minutes did not show adoption by members.

p. 8
02

Whether the Tribunal misapplied the principle in Auto Engineering Ltd v Gonella

Holding

No misdirection; the burden of proof was correctly placed on the landlord

Reasoning

The Tribunal applied the correct principle that the onus is on the landlord to establish a firm and settled intention, and that the intention must be proved as a matter of fact. The Appellant's failure to avail structural details, geotechnical report and current development permission meant the intention was neither firm nor settled.

p. 7
03

Whether the standard of proof was raised beyond a balance of probabilities

Holding

The Tribunal did not raise the standard of proof

Reasoning

The Tribunal rightly required evidence of intention on a balance of probabilities. Demanding approved plans, financial capacity, statutory approvals and adopted resolutions is not raising the standard beyond reasonable doubt but requiring the landlord to discharge its evidential burden under Section 107 of the Evidence Act.

Legal principles established

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  • The burden of proof is on the landlord to establish a firm and settled intention to demolish or reconstruct as a matter of fact
  • The landlord's intention must be realistic and backed by approved plans, financial capacity and statutory approvals
  • A first appellate court must re-evaluate the evidence and reach its own conclusions

Court orders

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  1. 1.The appeal is dismissed with costs to the Respondent

Authorities

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Legislation

  • Landlord and Tenant (Shops, Hotels and Catering Establishments) ActSection 4(5), 6(1), 7, 7(1)(f), 9(3)
  • Evidence ActSection 107
  • Physical and Land Use Planning ActSection 57(1)

Cases cited (12)

  • Auto Engineering Ltd v M Gonella & Co Ltd
    (1978) eKLR; [1978] KEHC 6 (KLR); (1978) KLR 248
  • Lilian Wangari Ndegwa v Encarte & Rapid (E&R) Group Limited
    [2026] KEHC 1426 (KLR)
  • Kimani & 2 Others v Mungai
    [2025] KEBPRT 287 (KLR)
  • Abok James Odera t/a J. Odera & Associates v John Patrick Machira t/a Machira & Co Advocates
    [2013] eKLR
  • Okeno v Republic
    [1972] EA 32
  • Pandya v R
    [1957] E.A. 336
  • Shantilal M. Ruwala v R
    [1957] E.A. 570
  • Peters v Sunday Post
    [1958] E.A. 424
  • Mwangi v Wambugu
    [1984] KLR 453
  • Fisher v Taylors Furnishing Stores Ltd
    [1956] 2 All ER 78
  • Eldomart Holdings Limited v Ticket Company Limited
    [2019] KEELC 4412 (KLR)
  • Tekimano Company Limited v James Wanjohi Gitahi & 4 others
    [2017] KEELC 175 (KLR)
On appeal from
Business Premises Tribunal (BPRT), Nakuru
Nakuru Business Premises Tribunal Case No E205 of 2023, Consolidated with Nakuru BPRT No. E217 of 2023
Jurisdiction invoked
First appeal from the Business Premises Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301

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, "Baringo United Company Ltd v Muhia & another (Environment and Land Appeal E011 of 2025) [2026] KEELC 4409 (KLR)", Case Analysis (2026). Nakuru Business Premises Tribunal Case No E205 of 2023 (Consolidated with Nakuru BPRT No. E217 of 2023), Appeal therefrom. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4409/eng@2026-07-14

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