Peter Kirugi v Swaleh Ngurumba [2021] KEBPRT 415 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 415
- Citation
- [2021] KEBPRT 415 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeContempt of Court and Tenancy DisputePostureApplication for contempt of court and injunctionCoramHON. GAKUHI CHEGE, Oyas for the Tenant/Applicant, Otieno for the Respondent
Holding
The tribunal has no jurisdiction to determine whether the respondent is in contempt of its orders or to enforce its own orders.
Facts
The applicant, Peter Kirugi, seeks contempt of court orders against the respondent, Swaleh Ngurumba, for non-compliance with court orders. The respondent is also sought to be restrained from visiting the applicant's tenancy premises.
Issues
- Whether the tribunal has jurisdiction to punish for contempt of court.
- Whether the tribunal has jurisdiction to enforce its own orders.
Reasoning
The Landlord and Tenant (Shops, hotels and catering establishments) Act, Cap. 301, expressly prohibits the tribunal from exercising criminal jurisdiction and from trying contempt of court proceedings.
Outcome
Application dismissed for want of jurisdiction.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, hotels and catering establishments) Act, Cap. 301
Cases cited (3)
- Owners of the Motor Vessel 'Lillian S' Vs Caltex Oil (Kenya) Limited [1989] eKLR
- Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others [2012] eKLR
- Phoenix of E.A. Assurance Company Limited v S. M. Thiga t/a Newspaper Service [2019] eKLR
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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