Kimani v Behlani & another (Land Case Appeal E178 of 2025) [2026] KEELC 4560 (KLR)
The bottom line
#A Kenyan tenant lost his appeal because he filed his challenge after the legal deadline, and courts cannot revive a tenancy that has already ended by law.
What this practically means
#Executive summary
#Key legal issues
#Whether the Tribunal erred in dismissing the Reference and Amended Notice of Motion
Appeal dismissed; the Tribunal correctly held that the tenancy terminated by operation of Section 10 of Cap. 301 when the Reference was filed out of time, that the Power of Attorney was valid, and that the notice was enforceable.
The Court independently re-evaluated the record. The notice specified 1st October 2024 as the effective date; the Reference was filed after that date, so the tenancy terminated by operation of law. Orders enlarging time could not confer jurisdiction on the Tribunal to revive a terminated tenancy, as jurisdiction is statutory. The fraud allegations against the Power of Attorney lacked independent evidential support, and the omission of the premises description in the notice caused no prejudice.
Whether the 2nd Respondent had authority to issue the termination notice under the Power of Attorney
Yes; the allegations of forgery, backdating and non-registration were not proved, the registered Power of Attorney stood, and the notice was validly issued.
Under Sections 107, 108 and 109 of the Evidence Act the burden lay on the Appellant. Following Central Bank of Kenya v Trust Bank, fraud requires proof to a standard higher than a balance of probabilities. No handwriting expert or forensic document examiner was called, so there was no basis to disturb the Tribunal's finding that the forgery allegations were unsubstantiated.
Whether the termination notice was defective for failing to specify the premises under Section 4(2)
No; the omission did not render the notice invalid because the Appellant fully understood which premises it related to and was not prejudiced.
Although the notice did not describe the demised premises as Shop No. 2, Smart Butchery, Seeb Apartments, Donholm, the Reference, application and affidavits identified it as relating to that tenancy, and the Appellant responded by letter dated 13th August 2024. The purpose of a notice is to communicate the landlord's intention with sufficient clarity; the tenant was not misled or prejudiced.
Legal principles established
#- Jurisdiction under Cap. 301 is statutory and cannot be enlarged by consent or procedural orders; once a statutory termination notice takes effect under Section 10, the Tribunal cannot revive a tenancy that has terminated by operation of law
- Allegations of fraud must be specifically pleaded and strictly proved to a standard higher than a mere balance of probabilities, by the party asserting them
- A first appellate court must reconsider, re-evaluate and analyse the evidence and draw its own conclusions while making allowance for not having seen or heard the witnesses
- The validity of a statutory termination notice is assessed by whether it sufficiently conveyed the landlord's intention so the tenant was not prejudiced, not whether it attained absolute perfection
Court orders
#- 1.The Appeal is hereby dismissed
- 2.The Ruling delivered on 29th August 2025 by the Business Premises Rent Tribunal in BPRT Case No. E1079 of 2024 is hereby upheld in its entirety
- 3.The Appellant shall bear the costs of this Appeal
- On appeal from
- Business Premises Rent Tribunal
- Nairobi BPRT Case No. E1079 of 2024
- Jurisdiction invoked
- First appellate jurisdiction over the Business Premises Rent Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimani v Behlani & another (Land Case Appeal E178 of 2025) [2026] KEELC 4560 (KLR)", Case Analysis (2026). Not stated in judgment (appeal against Nairobi BPRT Case No. E1079 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4560/eng@2026-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.