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Case Brief · caselaw.co.ke
ELCAllowedELC Appeal No. E248 of 2025· [2026] KEELC 5736 (KLR)

Touchstone Properties Limited v Catherine Ndiwa Mwobia

Environment and Land Court
24 September 2026
3,593 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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A Kenyan court threw out a landlord's eviction notice because it wasn't in the required legal form, so the tenant keeps the premises.

What this practically means

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Executive summary

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The Environment and Land Court at Milimani (Kullow J) allowed a first appeal against a ruling of the Business Premises Rent Tribunal in BPRT Case No. E818 of 2025, which had upheld a landlord's termination notice and ordered the tenant, Touchstone Properties Limited, to give vacant possession of commercial premises on Plot No. 12715/324, Katani Road, Syokimau. The landlord issued a termination notice dated 30th July 2025 by ordinary letter, citing non-payment of rent and intended personal occupation. The court held that the notice was invalid because it was not issued in the prescribed Form A under Regulation 4(1) and, contrary to Section 4(5) of Cap. 301, it did not require the tenant to notify the landlord in writing whether it agreed to comply, instead directing it to refer the dispute to the Tribunal. The court held that the departure went to substance, not mere format, and could not be cured by Section 72 of the Interpretation and General Provisions Act, Article 159(2)(d) of the Constitution, Salat or Patel. It further held that the Tribunal erred by failing to analyse the rent-payment schedule against Section 7(1)(b) and by not interrogating whether the stated 'personal use' fell within Section 7(1)(g). The Tribunal's ruling and consequential orders were set aside, the tenant's Reference was allowed, the termination notice was declared invalid and of no legal effect, and the appellant was awarded the costs of the appeal.

Key legal issues

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01

Validity of the termination notice dated 30th July 2025

Holding

The notice was invalid: it was not in Form A and, instead of requiring the tenant's written response under Section 4(5), it directed the tenant to refer the matter to the Tribunal.

Reasoning

Section 4(2) requires notice in the prescribed form and Regulation 4(1) prescribes Form A. Section 4(5) makes effectiveness dependent on the notice requiring a written response on compliance. The letter omitted that requirement, so the departure went to substance, not mere format. Section 72 of the Interpretation Act, Article 159(2)(d) and Salat could not cure it, and Section 10 makes Section 4 compliance antecedent to an unopposed notice taking effect.

p. 9
02

Whether the Tribunal was justified in dismissing the Reference on the grounds of non-payment of rent and personal occupation

Holding

The Tribunal erred: it failed to analyse the rent-payment schedule against Section 7(1)(b) and failed to interrogate whether the stated 'personal use' fell within Section 7(1)(g).

Reasoning

The payment schedule was capable of showing delayed payments, but the Tribunal made no finding on when instalments fell due or whether delay was persistent. On personal occupation, the Tribunal did not determine whether the stated intention was for the landlord's business or residence, whether genuine, or intended to subsist for one year. A valid notice does not by itself establish the factual basis of contested grounds.

p. 12
03

Competence of the Reference for failure to notify under Section 4(5)

Holding

The obligation to notify under Section 4(5) presupposes an effective notice; the Respondent could not rely on the Appellant's omission to validate a defective notice, and Section 6(1)'s proviso permits references notwithstanding non-compliance.

Reasoning

Section 6(1) contemplates prior notification but carries a proviso empowering the Tribunal to permit a reference for sufficient reason. More fundamentally, the obligation presupposes an effective tenancy notice under Section 4; a notice that itself omitted the Section 4(5) requirement cannot found a competence objection based on the tenant's failure to give that notification.

p. 9

Legal principles established

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  • A tenancy notice under Cap. 301 must be issued in the prescribed Form A and must require the receiving party to notify the requesting party in writing whether or not it agrees to comply; non-compliance renders the termination ineffective.
  • Article 159(2)(d) does not dispense with substantive statutory requirements; substantial compliance cannot cure a departure from the substantive statutory procedure.
  • A landlord cannot rely on a tenant's omission to give the Section 4(5) notification to validate an otherwise defective notice.

Court orders

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  1. 1.The Ruling and consequential orders of the Business Premises Rent Tribunal delivered on 14th November 2025 in BPRT Case No. E818 of 2025 are hereby set aside
  2. 2.The Appellant's Reference dated 24th July 2025 is hereby allowed
  3. 3.The termination notice dated 30th July 2025 is hereby declared invalid and of no legal effect
  4. 4.The Appellant shall have the costs of this appeal
On appeal from
Business Premises Rent Tribunal
BPRT Case No. E818 of 2025
Jurisdiction invoked
First appeal from the Business Premises Rent Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301

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, "Touchstone Properties Limited v Catherine Ndiwa Mwobia", Case Analysis (2026). ELC Appeal No. E248 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5736/eng@2026-09-24

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