The Court of Appeal confirmed an earlier injunction that permits Del Monte Kenya Limited to remove Pioneer International Schools from its land, concluding the school lacks any legal entitlement to occupy the premises.

Justices Agnes Murgor, Aggrey Muchelule and Joel Ngugi dismissed Pioneer’s appeal on 6 November 2026, upholding the Environment and Land Court’s order that the school must surrender the property.

While the eviction stands, the judges granted Pioneer a stay until 31 December 2026 so that students, staff and parents can secure alternative facilities.

During the transition, Pioneer must continue paying the monthly occupation charges that applied under the former Goshen lease, but the court clarified these payments do not constitute rent or create a new tenancy.

The school is prohibited from sub‑letting, assigning, altering or expanding the premises beyond ordinary school operations until the hand‑over date.

History of the land dispute

In 2013 Del Monte leased a portion of its estate to Goshen Gardens Limited for an eight‑year school project, charging a monthly rent of Sh550,000.

Goshen fell behind on rent in February 2015, prompting Del Monte to serve a termination notice in May of that year.

Pioneer International Schools subsequently arranged with Goshen to take over the school business and moved into the site in November 2015, installing its own signage.

The appellate judges noted that Del Monte had repeatedly communicated that any lease with Pioneer could only be considered after Goshen surrendered possession, and no lease agreement was ever finalized.

Pioneer’s claim to tenancy rights under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act and the doctrine of proprietary estoppel was rejected, with the court emphasizing that investment alone does not create tenancy without the landowner’s consent.