Christine Nkirote Kimbui v Izudom Ali [2021] KEBPRT 442 (KLR)

Facts

The Tenant sought a restraining order against the Landlord to prevent eviction, while the Landlord sought a stay of the restraining order and payment of rent arrears. The Tenant feared forcible eviction and claimed she was issued with an illegal notice of eviction, while the Landlord argued the Tenant owed rent arrears and had disappeared from the premises.

Issues

1. Whether the Tenant's application for restraining order should be granted
2. Whether the Landlord's application for stay and payment of rent arrears should be granted

Reasoning

The court found the Tenant's application justified due to the illegal notice of eviction and the Landlord's failure to disclose the existence of an earlier order.

Outcome

Tenant's application for restraining order is allowed, and Landlord's application for stay and payment of rent arrears is dismissed.