Mitei v Nyamache & 3 others (Tribunal Case E258 of 2025) [2025] KEBPRT 371 (KLR) (7 August 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 371
- Citation
- [2025] KEBPRT 371 (KLR)
- Decided
- 7 August 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from the dismissal of an application for reinstatement and return of goodsCoramHON. GAKUHI CHEGE, HON. JOYCE AKINYI OSODO
Holding
The Tribunal dismisses the application for reinstatement due to lack of jurisdiction and orders the Applicant to pursue damages or other appropriate remedies in a competent civil court.
Facts
The Applicant, Vincent Mitei, was a monthly tenant of a mini-supermarket located at Kasarani Estate. He was evicted on 6th March 2025 by the Respondents, Mactosh Nyamache, Elija Kilonzo, Kennedy Mungai, and Westpro Realtors. The Applicant claims he was unlawfully evicted and denied access to his business premises.
Issues
- Whether a landlord-tenant relationship exists between the parties
- Whether the Tribunal has jurisdiction to reinstate a dispossessed tenant
- Whether the Applicant is entitled to any reliefs from this Tribunal
- Who shall bear the costs of the suit
Reasoning
The Tribunal has no jurisdiction to reinstate the Applicant as the tenancy relationship has ended due to the unlawful eviction and the premises being rented to a new tenant.
Outcome
The application is dismissed for want of jurisdiction.
Orders
- The application dated 7th March 2025 is hereby dismissed for want of jurisdiction to reinstate the Applicant or to determine the dispute.
- The Applicant is at liberty to pursue damages or other appropriate remedies before a competent civil court.
- The interim orders given on 10th March 2025 are hereby discharged/set aside.
- The tenant shall bear the costs of the suit assessed at Kshs 25,000/=.
Remedies
- Pursue damages or other appropriate remedies in a competent civil court
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301 Laws of Kenya
Cases cited (2)
- Pritam v Ratilal & another (1972) EA 560
- Republic v Business Premises Rent Tribunal & Another Ex Parte Joseph Njenga [2008] 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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