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ELCAllowedCase No ELCLA/E089/2025· [2026] KEELC 6003 (KLR)

Makiyi Properties Limited vs Salvation Healing Ministry

Environment and Land Court of Kenya
21 September 2026
2,265 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ruled that a tribunal which finds it lacks jurisdiction cannot make any further orders, and set aside the tribunal's decision against Makiyi Properties.

What this practically means

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Executive summary

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The Environment and Land Court at Milimani, per J. A. Orwa J, allowed an appeal by Makiyi Properties Limited against a ruling of the Business Premises Rent Tribunal (Nairobi BPRT E572 of 2024, Hon. Andrew Muma) delivered on 17 April 2025. The parties had a three-year lease from 1 June 2021 over a plot along Kangundo Road, Nairobi, where the respondent ran a church. After rent defaults, the appellant levied distress; the tribunal initially dismissed the respondent's reference and authorised distress and attachment. Following the respondent's production of a sale agreement with the administrators of the Estate of Gerishon Kamau Kirima, and in light of the Obade v Kirima judgment, the tribunal found the dispute had become a land ownership matter outside its jurisdiction - yet went on to order release of the attached goods, maintenance of status quo, and effectively compromised the reference. The court held that a tribunal which has declared want of jurisdiction must down tools and cannot issue consequential orders; the application of 12 December 2024 was not a section 12 Cap 301 or section 99 Civil Procedure Act correction of clerical errors but a total overhaul of a final decision, offending the finality principle in Telkom Kenya v John Ochanda. The tribunal's ruling of 17 April 2025 and all consequential orders were set aside and vacated, with costs of the appeal and the application awarded to the appellant.

Key legal issues

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01

Whether the tribunal erred in issuing consequential orders after finding it lacked jurisdiction

Holding

Yes. Having declared want of jurisdiction over what had become a land ownership dispute, the tribunal could not lawfully order release of attached goods and maintenance of status quo.

Reasoning

Jurisdiction flows from the Constitution or legislation; without it a court must down tools and cannot make one more step. The tribunal had found the dispute was now an environment and land matter outside section 12 of Cap 301. Issuing consequential orders releasing the goods and maintaining status quo exceeded its powers and prejudiced the appellant's accrued rent claim.

p. 8
02

Whether the tribunal could reopen a dismissed reference via the application dated 12.12.2024

Holding

No. The application did not seek correction of clerical or arithmetical mistakes but a total overhaul of the earlier order, and the tribunal had already rendered its final decision.

Reasoning

Section 12 of Cap 301 permits variation or rescission of orders, and section 99 of the Civil Procedure Act allows correction of clerical or arithmetical mistakes. The impugned application was not of that character; it amounted to a total overhaul of the order to the appellant's detriment. Finality of litigation, as upheld in Telkom Kenya v John Ochanda, barred reopening.

p. 8
03

Costs of the appeal

Holding

Costs follow events under section 27 of the Civil Procedure Act and were awarded to the successful appellant, including costs of the application dated 12.12.2024.

Reasoning

The court applied the trite principle that costs follow events and are payable to the successful party pursuant to section 27 of the Civil Procedure Act, 2010, and taking into account the circumstances of the case awarded costs to the appellant.

p. 8

Legal principles established

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  • A tribunal that has declared want of jurisdiction cannot take any further step or issue consequential orders in the matter.
  • The BPRT is a creature of statute with limited jurisdiction confined to controlled tenancies; its powers cannot be implied.
  • Once the landlord-tenant relationship no longer exists, the Tribunal has no jurisdiction to entertain such matters.
  • An application that overhauls a prior order rather than correcting clerical errors cannot be sustained under section 12 of Cap 301 or section 99 of the Civil Procedure Act.

Court orders

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  1. 1.The Ruling and decision by Hon. Andrew Muma (member of the BPRT-Nairobi) delivered on 17th April 2025 in Nairobi BPRT Case no. E572 of 2024 and all consequential orders issued thereto be and are hereby set aside and vacated
  2. 2.The costs of the Appeal and the application dated 12.12.2024 are awarded to the Appellant

Authorities

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Legislation

  • Constitution of Kenya 2010Article 159
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)Sections 6, 9, 11, 12(1)(a)-(n), 12(4)
  • Civil Procedure Act 2010Section 27; Section 99
  • Distress for Rent Act

Cases cited (7)

  • Obade & 299 Others v Estate of Gerishon Kirima & Others
    (2023) KEELC 20868 (KLR)

    Declaration that the suit property forms part of the Estate of Gerishon Kamau Kirima, prompting the jurisdictional finding.

  • Samuel Kamau Macharia & Another v Kenya Commercial Bank Ltd & 2 Others
    (2012) eKLR

    Jurisdiction of a court flows from the Constitution, legislation or both.

  • Owners of the Motor Vessel "Lillian S" v Caltex Oil (Kenya) Ltd
    [1989] KECA 48 (KLR)

    Jurisdiction is everything; a court must down tools the moment it finds it lacks jurisdiction.

  • Republic vs Business Premises Rent Tribunal & Another Ex-Parte Albert Kigera Karume
    [2015] eKLR

    Discussion of the Tribunal's limited statutory jurisdiction under section 12 of Cap 301.

  • Re Hebtulla Properties Ltd
    [1979] KLR 96; [1976-80] 1 KLR 1195

    Tribunal is a creature of statute; its powers are limited to those expressed in section 12(1) and relate to controlled tenancies.

  • Omondi v Kassam & another
    (Civil Appeal E018 of 2024) [2024] KEHC 10703 (KLR)

    A landlord may levy distress for unpaid rent by engaging an auctioneer without commencing litigation.

  • Telkom Kenya Limited v John Ochanda (suing on his own behalf and on behalf of 996 former employees of Telkom Kenya Limited)
    [2014] eKLR

    Finality of litigation; a tribunal cannot reopen a matter on which it has rendered its final decision.

On appeal from
Business Premises Rent Tribunal, Nairobi
BPRT NO. E572 OF 2024
Jurisdiction invoked
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, "Makiyi Properties Limited vs Salvation Healing Ministry", Case Analysis (2026). Case No ELCLA/E089/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6003/eng@2026-09-21

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