Njeru v Katharaka Primary School (Tribunal Case E002 of 2021) [2023] KEBPRT 369 (KLR) (9 June 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 369
- Citation
- [2023] KEBPRT 369 (KLR)
- Decided
- 9 June 2023
The Tribunal has no jurisdiction to punish for contempt of court, and the landlord is not entitled to be committed to prison. The tenant is entitled to the order for re-opening of the suit premises.
Facts
The tenant, Njeru, sought to be committed to six months jail term and reinstated to his business premises due to the landlord, Katharaka Primary School, denying him access and refusing to restore electricity supply.
Issues
- Tenant's request for committal for contempt of court
- Tenant's request for reinstatement to business premises
- Landlord's jurisdictional challenge
Reasoning
The Tribunal's power to punish for contempt is specifically vested in the High Court and Court of Appeal, and not in this Tribunal. The landlord's denial of access and refusal to restore electricity supply are not grounds for contempt.
Outcome
Tenant's motion for committal dismissed, but granted the order for re-opening the suit premises.
Orders
- Tenant is allowed to break open any padlocks placed on the doors to the premises by the landlord or any other person.
- Tenant is authorized to replace the electricity power meter and the internal wiring of the suit premises so as to restore supply of electricity to the suit premises with the assistance of the Resident Engineer, Kenya Power & Lighting Co. Ltd at the Landlord's costs.
Remedies
- Reinstatement of business premises
- Restoration of electricity supply
Authorities cited
Legislation (2)
- Section 12 (2) of Cap 301, Laws of Kenya
- Judicature Act Cap.9, Laws of Kenya
Cases cited (1)
- Owners and Master of the Motor Vessel 'Joey' vs- The Owners and Master of Motor Tugs 'Barbara' and “Steve B” (2007) eKLR
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