Court clears Del Monte to reclaim land occupied by Pioneer schools

NAIROBI, Kenya – On November 6, the Court of Appeal upheld Del Monte Kenya Limited's bid to reclaim land occupied by Pioneer International Schools, setting the stage for the school's eviction by December 31, 2026. A three-judge panel dismissed Pioneer's appeal, ruling that the institution lacked a legally binding tenancy agreement with the landowner.

However, the court granted Pioneer a transitional period until the end of the academic year to move students, staff, and candidates, while continuing to pay the previously agreed monthly occupation charges. The judges emphasized that optimism alone does not constitute tenancy. They also barred Pioneer from subletting, assigning, altering, or expanding the premises during the transition.

Failure to vacate by the deadline would allow Del Monte to execute the eviction without further court intervention. The dispute began in September 2013 when Del Monte leased part of its land to Goshen Gardens for eight years at a monthly rent of Sh550,000, with annual five percent increases. Goshen fell behind on rent in February 2015, leading to Del Monte's termination notice in May of that year.

Pioneer later took over the school's operations after negotiations with Goshen, but Del Monte argued it had never agreed to the transfer and that talks would only commence after Goshen relinquished possession. The appellate court agreed, noting that the original lease explicitly prohibited lease assignments without the landlord's consent and rejected Pioneer's claims of equitable rights based on investments and Del Monte's preliminary discussions.

The court found Del Monte had consistently objected to Pioneer's occupation through legal correspondence and court proceedings, without offering assurances of a lease. The ruling affirms the July 2025 Environment and Land Court decision ordering vacant possession and awarding mesne profits to Del Monte.