Mitei v Nyamache & 3 others (Tribunal Case E258 of 2025) [2025] KEBPRT 371 (KLR) (7 August 2025) (Ruling)
Neutral citation:
[2025] KEBPRT 371 (KLR)
Republic of Kenya
Tribunal Case E258 of 2025
Gakuhi Chege, Chair & J Osodo, Member
August 7, 2025
Between
Vincent Mitei
Applicant
and
Mactosh Nyamache
1st Respondent
Elija Kilonzo
2nd Respondent
kennedy Mungai
3rd Respondent
Westpro Realtors
4th Respondent
Ruling
A. Introduction
1.This ruling relates to the Tenant’s Notice of Motion dated 7th March 2025 filed under Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301 Laws of Kenya. The application seeks reinstatement into the suit premises and return of goods, among other reliefs.
2.The Applicant alleges that the Respondents unlawfully evicted him from his mini-supermarket located at Kasarani Estate, removed his goods, and locked the premises without a lawful order from the Tribunal.
3.The Applicant asserts that he was a monthly tenant paying rent of Kshs. 15,400 and was in arrears of Kshs. 7,100. He claims that on 6th March 2025, he was unlawfully evicted and denied access to his business premises.
3.The Respondents oppose the application, asserting that the eviction was lawful and in accordance with the tenancy agreement. They further allege that the Applicant was in breach, and the premises have already been rented to a new tenant.
4.The Respondents also argue that the Tribunal lacks jurisdiction as there is no existing tenancy.
B. Issues For Determination
6.The Tribunal identifies the following issues for determination: -a.Whether a landlord-tenant relationship exists between the parties;b.Whether the Tribunal has jurisdiction to reinstate a dispossessed tenant;c.Whether the Applicant is entitled to any reliefs from this Tribunal.d.Who shall bear the costs of the suit?
C. Analysis Of The Issues & Applicable Law
7.The jurisdiction of this Tribunal is derived from Section 12(1)(e) of Cap 301, which applies only where there is a subsisting landlord-tenant relationship.
8.In this case, it is not in dispute that by the time the application was filed, the Applicant had already been physically dispossessed of the premises on 6th March 2025. Whether lawfully or not, he was no longer in possession when the reference was lodged.
9.The Court of Appeal in Pritam V Ratilal & Another (1972) EA 560 held that:
9.Therefore, this Tribunal has no jurisdiction as far as the issue of reinstatement is concerned. The continued absence of the Applicant from the premises and the evidence of re-letting to another party confirms that the tenancy relationship has come to an end.
10.In the case of Republic V Business Premises Rent Tribunal & Another Ex Parte Joseph Njenga [2008] eKLR, the High Court stated:
11.Likewise, in Kobeh Enterprises Ltd V Ngomongo Farmers’ Co-operative Society Ltd [2006] eKLR, the court held:
12.It is evident that the Applicant was no longer a tenant as of the date of filing this reference. The premises had been repossessed, and the Tribunal has no jurisdiction to reverse that state of affairs.
13.The appropriate remedy, if any, lies in a civil court of competent jurisdiction through an action for unlawful eviction or damages. The Tribunal cannot issue compensatory or injunctive relief once the tenancy is extinguished.
14.Costs of every action before this Tribunal are in our discretion under section 12(1)(k) of Cap. 301 but always follow the event unless for good reasons otherwise ordered. We have no reason to deny costs to the Respondent being the successful party.
D. Final Orders
15.In view of the foregoing analysis, the Tribunal makes the following final orders:a.The application dated 7th March 2025 is hereby dismissed for want of jurisdiction to reinstate the Applicant or to determine the dispute.b.The Applicant is at liberty to pursue damages or other appropriate remedies before a competent civil court.c.The interim orders given on 10th March 2025 are hereby discharged/set aside.d.The tenant shall bear the costs of the suit assessed at Kshs 25,000/=.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 7TH DAY OF AUGUST 2025HON. GAKUHI CHEGEPANEL - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALHON. JOYCE AKINYI OSODO - PANEL MEMBERIn The Presence Of: -Ruiru for the RespondentsNo appearance for the Tenant/Applicant