Grace Njeri Njoroge and Ten Others v The General of The Salvation Army Registered Trustees and Two Others
The bottom line
#Kenya's Environment and Land Court voided a rent increase notice that skipped the mandatory two-month statutory notice, but confirmed tenants must pay the new landlord.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Respondent became the direct landlord of the Appellants on expiry of the head lease
No; the 3rd Respondent became the landlord upon execution of the new lease with the 1st Respondent, and the 2nd Respondent is its recognised managing agent
Section 5 of Cap 301 deems the person entitled to the reversion to be the landlord of the controlled sub-tenancy. The 1st Respondent executed a new lease with the 3rd Respondent effective 1 October 2023 and introduced it as the new landlord. The tribunal's finding on this issue was upheld, so the appeal failed on this limb.
Whether the notice/letter dated 1.10.2023 altering tenancy terms complied with section 4 of Cap 301
It did not; it was an ordinary letter, lacked the mandatory particulars of the prescribed form, and took effect on 5.10.2023, far short of the statutory two months
Section 4(2) requires notice in the prescribed form and section 4(4) requires not less than two months before effect. The notice was an ordinary letter omitting the required particulars (proposed alterations, grounds, and the one-month response requirement) and purported to take effect within days. Authorities hold such notices null and void; the tribunal erred in treating it as valid.
Whether the tribunal erred in granting the orders of 12.9.2025
Partially; the dismissal of the reference was set aside, the notice declared void, and the ancillary orders (taking of accounts, 60-day stay of distress) vacated
Because the foundational rent-increment notice was void, the tribunal's orders resting on it could not stand. However, the finding that the 3rd Respondent is landlord was upheld, so the Appellants remain obliged to pay rent to the 3rd Respondent at the initial rate, with liberty to settle any deficit.
Legal principles established
#- A landlord altering terms of a controlled tenancy must strictly comply with section 4 of Cap 301, including the two-month minimum notice period and prescribed-form particulars; non-compliant notices are null and void
- Upon termination of a head lease, a reversioner entering a new lease becomes landlord of the controlled sub-tenancies under section 5 of Cap 301
Court orders
#- 1.The order of the Business Premises Rent Tribunal dated 12.9.2025 dismissing the reference is set aside
- 2.The notice dated 1.10.2023 for rent increment is declared null and void for want of compliance with statutory notice under section 4(2) of Cap 301
- 3.The orders of the Tribunal directing taking of accounts and 60 days stay of distress for rent are vacated
- 4.Rent deposited at the tribunal or court shall be computed at the initial monthly rent payable to the former Head Tenant and released to the 3rd Respondent
- 5.Parties are at liberty to settle the deficit or balance between themselves
- 6.The Appellants shall pay rent to the 3rd Respondent as their landlord forthwith
- 7.Each party to bear own costs of the appeal
- On appeal from
- Business Premises Rent Tribunal, Nairobi
- Business Premises Rent Tribunal reference number (not stated)
- 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, "Grace Njeri Njoroge and Ten Others v The General of The Salvation Army Registered Trustees and Two Others", Case Analysis (2026). Case No ELCLA/E203/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5532/eng@2026-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.