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ELCDismissedELC Land Appeal No. 7 of 2023· [2026] KEELC 4524 (KLR)

Odembo v Kache & 2 others (Environment and Land Appeal 7 of 2023) [2026] KEELC 4524 (KLR)

Environment and Land Court
16 July 2026
MKMOHAMMED N. KULLOW
3,208 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court dismissed a tenant's appeal, confirming landlords can enforce a Rent Restriction Tribunal order when a tenant fails to prove rent payment.

What this practically means

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Executive summary

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This was an appeal to the Environment and Land Court at Nairobi against an order of the Rent Restriction Tribunal (Hon. H. K. Korir, Chairperson) made on 26th September 2023 in Tribunal Case No. E545 of 2023. By the impugned order, the Tribunal granted the Appellant seven days to avail proof of payment of outstanding rent arrears, failing which the Respondents could levy distress for rent and obtain vacant possession. The Appellant, whose earlier stay application had been dismissed as moot on 31st October 2024, filed an Amended Memorandum of Appeal contending that the Tribunal condemned her unheard, ordered possession at an interlocutory stage without evidence, and acted without or in excess of jurisdiction. The Respondents maintained the Appellant was heard throughout and that section 5(1)(f) of the Rent Restriction Act expressly empowers the Tribunal to order recovery of possession and rent arrears. The Court framed two issues: fair hearing and jurisdiction. On the first, it held the Appellant actively participated, obtained interim relief on multiple occasions, and was afforded repeated opportunities to reconcile accounts and a final seven days to prove payment; the burden of showing denial of hearing was not discharged. On the second, the Court held the Tribunal's jurisdiction was expressly donated by section 5(1)(f), the order was conditional rather than self-executing, and no misdirection in the exercise of discretion warranted interference. The appeal was dismissed, the Tribunal's order upheld, and costs awarded to the Appellant against herself, i.e. she was ordered to bear the costs of the appeal.

Key legal issues

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01

Whether the Appellant was denied a fair hearing by the Tribunal

Holding

The Appellant was not condemned unheard; she participated repeatedly, obtained interim relief, and was given a final seven days to prove payment before execution

Reasoning

The record showed the matter came before the Tribunal on several occasions between April and September 2023. The Appellant personally appeared, obtained interim orders and consensual directions, and was given repeated chances to reconcile accounts. Even when default was alleged, the Tribunal granted seven further days before authorising execution. Nothing demonstrated a refusal to hear her.

p. 9
02

Whether the Tribunal acted without or in excess of jurisdiction

Holding

The Tribunal acted within its statutory jurisdiction under section 5(1)(f) of the Rent Restriction Act; the impugned order was conditional rather than self-executing

Reasoning

Section 5(1)(f) expressly empowers the Tribunal to order recovery of possession and arrears of rent. The order granted seven days to prove payment, with distress and possession only upon default, so it was conditional. The Tribunal progressively managed the dispute over nearly six months before issuing the order, and no misdirection in the exercise of discretion was established.

p. 11

Legal principles established

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  • The right to be heard does not entitle a party to endless litigation; a tribunal may make orders where a party fails to comply with directions despite adequate opportunity
  • An appellate court cannot infer denial of a hearing merely because proceedings are brief; the burden lies on the party alleging denial of hearing to demonstrate it from the record
  • An appellate court will not lightly interfere with discretionary decisions of subordinate courts or tribunals absent misdirection, irrelevant considerations, ignored relevant considerations, or plain wrongness

Court orders

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  1. 1.The Appeal is dismissed
  2. 2.The Order of the Rent Restriction Tribunal made on 26th September 2023 in Rent Restriction Tribunal Case No. E545 of 2023 is upheld
  3. 3.The Appellant shall bear the costs of this Appeal
On appeal from
Rent Restriction Tribunal
Rent Restriction Tribunal Case No. E545 of 2023
Jurisdiction invoked
Appeal from the Rent Restriction Tribunal under the Rent Restriction Act; Environment and Land Court first-instance appellate jurisdiction

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, "Odembo v Kache & 2 others (Environment and Land Appeal 7 of 2023) [2026] KEELC 4524 (KLR)", Case Analysis (2026). ELC Land Appeal No. 7 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4524/eng@2026-07-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.