Njiiri v Irungu (Environment and Land Case E067 of 2026) [2026] KEELC 5281 (KLR)
The bottom line
#The Environment and Land Court struck out a landlord's rent suit, ruling that disputes over controlled tenancies belong to the Business Premises Rent Tribunal, not the High Court-level ELC.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court has jurisdiction over a dispute concerning a controlled tenancy under Cap 301
The court lacks jurisdiction; Section 12 of Cap 301 vests jurisdiction in the Business Premises Rent Tribunal over controlled premises, and the Environment and Land Court has only appellate jurisdiction under Section 15.
The suit premises, a restaurant, is said to be a controlled tenancy within Cap 301. Section 12 empowers the tribunal to determine whether a tenancy is controlled, order recovery of possession and payment of arrears. The Environment and Land Court's power over tribunal decisions is appellate only under Section 15, and this is not an appeal. Whether the lease expired or a tenancy subsists is a question for the tribunal under Section 12(a).
Whether the suit and application constitute an abuse of court process in light of pending tribunal references
Yes; the suit is a gross abuse of court process given pending BPRT references involving the same parties and subject matter, including BPRT no. 1342 of 2025 which remains pending.
The doctrine of exhaustion requires parties to pursue the prescribed forum. The defendant had initiated BPRT proceedings challenging the termination notice, and the tribunal set aside the notice. The plaintiff's withdrawal of her tribunal suit did not negate the pending reference. Instead of appealing the tribunal's restraining orders, the plaintiff filed parallel proceedings, amounting to forum shopping and abuse of process.
Legal principles established
#- Where a statute vests jurisdiction over controlled tenancies in the Business Premises Rent Tribunal, the Environment and Land Court cannot entertain suits relating to such tenancies; its jurisdiction over tribunal matters is appellate only under Section 15 of Cap 301.
- Where there is a clear procedure for redress of a grievance prescribed by an act of parliament, that procedure should be strictly followed.
Court orders
#- 1.The plaint dated 24th February, 2026 is struck out with costs to the defendant/respondent
- Jurisdiction invoked
- Section 12 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301); Sections 1A, 1B and 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njiiri v Irungu (Environment and Land Case E067 of 2026) [2026] KEELC 5281 (KLR)", Case Analysis (2026). ELCLC NO. E067 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5281/eng@2026-08-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.