Maina t/a Mondos Electronic v Royal Palms Mustard Ltd & another (Environment and Land Miscellaneous Case E334 of 2025) [2026] KEELC 5152 (KLR)
The bottom line
#A Kenyan court refused to jail a landlord for contempt because the tenant relied only on photographs, highlighting that contempt requires strong, direct evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondents were in contempt of the tribunal orders of 29th September 2025
Contempt was not established; the motion was dismissed for lack of sufficient evidence of disobedience.
The applicant relied on photographs of goods outside the shop, but the court found this insufficient, as the photographs could be challenged and did not show the respondents committing the act. Knowledge of the order was inferred from the respondents' replying affidavit, but the respondents denied contempt, asserted the applicant was still in possession, and asserted the tenancy had been terminated by agreement with a refund of Kshs.900,000/=. Since a dispute remained over whether a subsisting tenancy existed, the court declined to find contempt and referred the parties to the tribunal.
Whether the tenancy was lawfully terminated by agreement
No valid termination notice under Section 4(1) and (2) of Cap 301 was issued or produced, so the respondents' contention that the tenancy was terminated was unfounded.
The court, citing the Court of Appeal in Munaver N Alibhai, held that a controlled tenancy can only terminate or be altered in accordance with the prescribed statutory procedure, requiring notice in the prescribed form effective not earlier than two months from receipt and specifying grounds. No such notice was given or produced; the alleged termination agreement itself was also not produced, only evidence of a refund of the part-payment of goodwill. Whether a subsisting tenancy exists was therefore a disputed matter for the tribunal.
Legal principles established
#- Civil contempt requires proof beyond reasonable doubt (at least higher than the civil standard) of four elements: clear and unambiguous binding order terms; knowledge or proper notice; breach; and deliberate conduct.
- A controlled tenancy cannot be terminated or altered except in accordance with Section 4 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, requiring notice in the prescribed form effective not earlier than two months from receipt.
Court orders
#- 1.Dismissal of the notice of motion dated 28th October 2025
- 2.No order as to costs
- 3.Referral of the parties back to the tribunal for determination of whether a subsisting tenancy exists
- Jurisdiction invoked
- Section 5(1) of the Judicature Act (power to punish for contempt, extending to upholding authority and dignity of subordinate courts)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maina t/a Mondos Electronic v Royal Palms Mustard Ltd & another (Environment and Land Miscellaneous Case E334 of 2025) [2026] KEELC 5152 (KLR)", Case Analysis (2026). ELC Misc No. E334 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5152/eng@2026-08-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.