Daniel Kinyanjui & another v Lawrence Warari [2021] KEBPRT 89 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 89
- Citation
- [2021] KEBPRT 89 (KLR)
- Decided
- 10 December 2021
The Tribunal found the landlord's notices to be null and void and not in compliance with Cap. 301, Laws of Kenya, and thus, cannot be the basis for rent increase or termination of tenancy.
Facts
The tenants, Daniel Kinyanjui and Pauline Wanjiru, sought an injunction to restrain the landlord, Lawrence Warari, from interfering with their quiet occupation and lawful enjoyment of the suit premises located at Kawangware. They also sought prohibition of increasing rent from Kshs.16,000/- to Kshs.45,000/- pending hearing.
Issues
- Validity of landlord's notices
- Legal protection against illegal activities of the landlord
- Unjustified termination of tenancy
- Lack of rent arrears
- Landlord's justification for renovation
Reasoning
The Tribunal agreed with the tenants that the landlord's notices were not in compliance with the Landlord and Tenant Act, and relied on the decision in Fredrick Mutua Mulinge v Kitui Teachers Housing Co-operative Society Limited to support its ruling.
Outcome
The Tribunal refused the application for injunction and prohibition of rent increase.
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
Cases cited (2)
- Fredrick Mutua Mulinge v Kitui Teachers Housing Co-operative Society Limited (2017) eKLR
- Manaver N Alibhai v South Coast fitness and Sports Centre Limited Civil Appeal No. 203 of 1994
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