Background
In 2024, three tenants: Peter Moi Kasong’oi, George Kioko Mutua, and Dominic Musyoka found themselves embroiled in a fraught dispute with their landlord, Teresiah Njoki Njoru, over reserved premises at Msikiti-noor in Changamwe, Mombasa County. The tenants sought various orders from the Business Premises Rent Tribunal (BPRT), including injunctions against eviction, harassment, and denial of access to the premises. They also demanded repairs to their toilets and a declaration that the notice of lease termination was illegal and defective (BPRT, 2025).
Tribunal Action
Recognizing the urgency and gravity of the situation, the Tribunal granted a temporary injunction on 23 September 2024, restraining the landlord from evicting, harassing, attacking, or denying the tenants free access to the space. The Tribunal also ordered that the tenants continue paying rent (for September and October only), and directed the local Officer Commanding Station (OCS) at Changamwe Police Station to enforce the orders (BPRT, 2025).
Public Interest and Significance
This case resonated with many because it encapsulated multiple critical issues:
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Power imbalance: The tenants faced threats of eviction and harassment, shocking for those renting commercial premises in Kenya.
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Swift legal relief: The Tribunal's prompt injunction offered a lifeline, showcasing BPRT’s role in preventing abrupt and unlawful displacements.
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Tenant rights in controlled tenancies: It underscored the importance of lawful tenancy processes and how tribunals can uphold tenants’ access to essential services and justice.
Key Takeaways
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The dispute illuminated how tenants—even in commercial contexts—can be vulnerable to misuse of landlord power.
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The Tribunal’s proactive intervention demonstrated how effective legal remedies can be when procedural mechanisms are accessible.
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This case served as a reminder to landlords and tenants alike: structured agreements, respectful notice procedures, and adherence to tenancy laws are vital to avoiding conflict.
References
Business Premises Rent Tribunal. (2025, March 3). Kasong’oi & 2 others v Njoru (Tribunal Case E210, E211 & E212 of 2024 (Consolidated)) [2025] KEBPRT 163 (KLR). Kenya Law Reports.
