Court Orders Meya Agri Traders To Vacate Elgon House
The court found that the written lease between the parties expired on February 28, 2013 and was never renewed by a subsequent agreement.
By Suleiman Mbatiah
The Environment and Land Court in Nakuru has ordered Meya Agri Traders Limited to vacate Elgon House within 30 days, ending a protracted tenancy dispute over the commercial property.
Meya Agri Traders Limited is a Nakuru-based Kenyan company engaged in procuring and distributing agricultural inputs, focusing on the supply of farm chemicals and related products.
In a judgment delivered on February 20, 2026, Justice M. A. Odeny directed the company to give vacant possession of Nakuru Municipality Block 5/43 to Elgon House (2010) Ltd.
The court found that the written lease between the parties expired on February 28, 2013 and was never renewed by a subsequent agreement.
“The lease cannot be extended beyond its expiry date in the absence of a renewal agreement executed by both parties,” Justice Odeny ruled in the decision.
The judge added that upon expiry of the lease in 2013, and without a fresh agreement, the defendant’s continued occupation ceased to have legal foundation.
Elgon House (2010) Ltd filed the suit in 2018 seeking eviction, mesne profits of Sh500,000 per month plus VAT from March 2013, general damages for trespass, and costs.
The plaintiff’s director, Mr Kirit Govindlal Shah, testified that the premises were leased to the defendant for five years and one month beginning February 1, 2008.
He told the court that negotiations for renewal did not result in a signed lease and that rent deposited after expiry was returned.
“We did not execute any renewal lease after February 28, 2013, and we returned rent deposited without a signed agreement. The defendant remained in occupation without our consent,” he said.
The defendant’s managing director, Mr Daniel Munyoroki Ngunia, argued that he sought renewal through correspondence exchanged between the parties’ advocates before the lease expired.
He told the court they engaged the plaintiff’s advocates for renewal before expiry and continued paying rent pursuant to court orders issued during appellate proceedings.
“Our occupation was neither clandestine nor unlawful, as the plaintiff received rent and was aware of our continued presence,” Mr Ngunia testified.
On jurisdiction, the court held that no controlled tenancy arose after expiry of the written lease, rejecting arguments that the dispute belonged before the Business Premises Rent Tribunal.
The judge ruled that once the lease expired without renewal, the tribunal lacked jurisdiction, leaving the Environment and Land Court to determine possession and trespass claims.
The court declined to award damages for trespass, noting that such claims must be specifically pleaded and strictly proved through cogent evidence.
Instead, it awarded Sh5 million in general damages for trespass, together with costs and interest, after finding the defendant remained in occupation without legal authority.
“Where trespass is proved, general damages are awardable even without proof of specific loss,” Justice Odeny stated in the judgment.
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