The Court of Appeal has upheld Del Monte Kenya Limited’s right to evict Pioneer International Schools from its premises after ruling that the institution had no legally enforceable lease allowing it to occupy the land.
However, the court has allowed the school to remain on the property until December 31, 2026, giving students, parents and staff time to make alternative arrangements and facilitate an orderly relocation.
In a judgment delivered on November 6, 2026, Justices Agnes Murgor, Aggrey Muchelule and Joel Ngugi dismissed an appeal by Pioneer International Schools against an earlier decision of the Environment and Land Court requiring it to surrender the premises.
The appellate judges found that no lease agreement had been concluded between Pioneer and Del Monte, the registered owner of the property, despite the school's claims that it had invested substantially in rehabilitating the institution and taking over its operations.
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How the Land Dispute Began
The dispute dates back to 2013, when Del Monte leased part of its land to Goshen Gardens Limited for an eight-year period to operate a school at a monthly rent of Sh550,000.
Goshen subsequently fell into rent arrears in February 2015, prompting Del Monte to issue a termination notice in May of the same year.
Pioneer later entered into arrangements with Goshen to take over the school business and moved into the premises in November 2015. The institution subsequently erected signage bearing the name Pioneer Girls.
However, Del Monte opposed the takeover, maintaining that it would only consider entering into a lease agreement with Pioneer after Goshen had surrendered possession of the property and resolved its dispute with the landowner.
The Court of Appeal found that Del Monte had consistently communicated this position and had never promised Pioneer that it would be granted a lease.
"The parties contemplated further negotiations only after Goshen surrendered possession, and no concluded lease had emerged from the meeting," the judges ruled.
Court Rejects School's Tenancy Claims
Pioneer argued that its substantial investment in staffing, infrastructure and school operations gave it a legal basis to remain on the property.
The school also relied on the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act and the doctrine of proprietary estoppel in support of its claim to tenancy rights.
However, the appellate court rejected those arguments, finding that the school's expenditure could not independently create tenancy rights without the landowner's consent.
The judges emphasised that investment made in anticipation of securing a lease did not amount to a legally enforceable tenancy.
"Optimism, however commercially understandable, is not tenancy," the court stated.
The judges also noted that Del Monte had moved to court promptly after Pioneer entered the property and obtained injunctions restraining its occupation.
School Given Until December 31 to Relocate
Despite upholding the eviction order, the Court of Appeal allowed Pioneer to continue operating from the premises until December 31, 2026, to give the institution time to organise its relocation.
During this period, Pioneer must continue paying monthly occupation charges at the rate previously applicable under the Goshen lease.
The court, however, clarified that the payments would not constitute rent or create a new landlord-tenant relationship between Pioneer and Del Monte.
The school was also barred from subletting or assigning the premises, as well as making alterations or expanding the property beyond what is necessary for ordinary school operations during the transition period.
Pioneer must hand over vacant possession of the premises by December 31, 2026.
Failure to comply with the deadline will allow Del Monte to proceed with the eviction without having to seek additional court orders.
The appeal was dismissed, with costs awarded to Del Monte Kenya Limited.
The ruling marks another major development in the prolonged dispute over the land and the future of Pioneer International Schools, while giving the institution a final transition period to relocate its students and operations.