Kamamia Murichu t/a Murang’a Institute Of Science And Management v Board Of Trustees Ack Diocese Of Mt. Kenya Central & 2others [2021] KEBPRT 373 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 373
- Citation
- [2021] KEBPRT 373 (KLR)
- Decided
- 27 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for Injunction and OrdersCoramHON A. MUMA, VICE CHAIR
Holding
The Tribunal ruled in favor of the Tenant, granting them exclusive and quiet possession of the suit property and directing the OCS Murang’a East Police Station to supervise the enforcement of the order.
Facts
The Tenant, Dr. Kamamia Murichu, rented a plot of land for a college. The Landlords, Board of Trustees ACK Diocese of Mt. Kenya Central, locked the premises without following proper legal procedures.
Issues
- Whether the Tenant is entitled to the reliefs sought in the Notice of Motion
- Whether it is in the interest of justice to issue the Orders sought by the Tenant
Reasoning
The Tribunal found that the Tenant had a prima facie case and that the Landlords' actions were unjustified, especially during the pandemic. The Tribunal also considered the right to education and the impact on innocent students.
Outcome
In favor of the Tenant
Orders
- The Tenant’s exclusive and quiet possession of the suit property
- Order directing the OCS Murang’a East Police Station to supervise the enforcement of the order
Remedies
- The Tenant’s exclusive and quiet possession of the suit property
- Order directing the OCS Murang’a East Police Station to supervise the enforcement of the order
Authorities cited
Legislation (2)
- Article 43(1)(f) and Article 53 of the Constitution
- Article 24 of the Constitution
Cases cited (2)
- Giella Vs Cassman Brown and Co.Ltd
- Mrao versus First American Bank of Kenya Limited & 2 Others (2003) KLR 125
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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